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tii i: 



General Election Laws 

of Kansas 



SYSTEMATIZED FOR THE CONVENIENCE OF ELECT- 
ORS AND ELECTION OFFICERS. 



REVISED EDITION, 



By G. C. CLEMENS. 



Crane & Company, Publisfebb 

Topbka, Kansas 

11)04 




Til E 



General Election Laws 

or Kansas 



SYSTEMATIZED FOR THE CONVENIENCE OF ELECT- 
ORS AND ELECTION OFFICERS. 



REVISED EDITION. 



By G. C. CLEMENS. 



Crane & ConrANk, Publ'r^e^ 

Topeka, Kansas 

1904 



**, 



t< 



\0 



<v 



Two Copies Received 

APR 5 1904 

Copyright Entry 

I ■'. .om,. ll-l 1 <?^ 
CLASS Cc XXc. No. 

&*i XT- <* 

COPY 8 * 



Copyrighted by 

Crane & Company, Topeka, Kansas 

1904 



PREFACE, 



Tins compilation is intended for the convenience of electors 
and election officers; and in order to render it convenient the 
editor has taken the statutes to pieces and rearranged them so 
bring together all provisions relating to each subject. 
The law is all here, however, and at the end of every section 
the place to find the original is given, so that the reader can 
find it if he wishes. The compilation goes through with gen- 
eral elections down to the point where returns are made to the 
county clerk. Beyond that point no special compilation could 
be of use. 

G. C. CLEMENS. 

March, 1904. 



CONTENTS. 



PAGES. 

Chapter I— Officers to be Elected 7 

Chapter II — Xarning Candidates 11 

Chapter III— Facilities for Voting 24 

Chapter IV— Conducting Election 40 

Chapter V— Votes of Soldiers and of Inmates of Sol- « 

diers' Homes 54 

Chapter VI— Votes of Railroad Employes Absent from 

Home 67 

Chapter VII— Public Civil Employes 70 

Chapter VIII— Pure Elections Law 71 

Chapter IX— Poll Books, etc., to be Prepared 74 



(5) 



GENERAL ELECTION LAWS. 



CHAPTER I. 

OFFICES TO BE FILLED, 



BIENNIALLY. 
STATE OFFICERS. 
Section 1. On the Tuesdav succeeding the first Monday in 
November, A. 1). 1808, and on the Tuesday succeeding the first 
Monday in November in every second year thereafter, there 
shall be held a general election for the election of representative 
in congress, governor, lieutenant-governor, secretary of state, 
auditor of state, treasurer of state, attorney-general, superin- 
tendent of public instruction. [Gen. Stat. 1901, §2677.] 

JUSTICE OF THE SUPREME COURT. 
Sec. 2. At the general election in 1902 there shall be elected 
five justices, one of whom shall hold his office for two years, 
one for four years, and three for six years. At the general 
election in 1904 and every six years thereafter two justices shall 
be elected. At the general election in 1906 and every six years 
thereafter two justices shall be elected. At the general election 
in 1908 and every six years thereafter three justices shall be 
elected. [Constitutional amendment adopted at general election 
of 1900. See Session Laws 1899, ch. 314.] 

SUPERINTENDENT OF INSURANCE. 
Sec. 3. At the general election to be held in the State of 
Kansas in Xovember, in the year 1900, and every two years 
thereafter, there shall be elected a superintendent of insurance 
for the state of Kansas. [Gen. Stat. 1901, § 7300.] 

RAILROAD COMMISSIONERS. 
Sec. 4. A state board of railroad commissioners is hereby 
created, to consist of three competent persons, and said board 
shall be elected ... as hereinafter provided. The said board 

(7) 



8 GEXERAL ELECTION LAWS. 

of railroad commissioners shall be elected at the general election 
of Xovember, 1904, and each two years thereafter, in the same 
manner as other state officers are elected. [Session Laws 1903, 
eh. 391, §§1, 2.] 

PRESIDENTIAL ELECTORS. 
Sec. 5. On the Tuesday succeeding the first ^Monday in Xo- 
veniber, 1868, and on the Tuesday succeeding the first Monday 
in Xovember in every fourth year thereafter, there shall be held 
a general election for the election of as many electors of presi- 
dent and vice-president of the United States as this state may be 
entitled to. [Gen. Stat. 1901. § 2679, as amended by ch. 176, 
Session Laws 1901.] 

MEMBERS OF LEGISLATURE. 
Sec. 6. At the general election held in eighteen hundred and 
serenty-six, and thereafter, members of the house of representa- 
tives shall be elected for two years, and members of the senate 
shall be elected for four years. [Constitution, Art. 2, § 29.] 

* DISTRICT JUDGES. 

Districts ten, fourteen, fifteen, seventeen, nineteen, twenty, twenty-one, 
thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five. 

Sec. 7. At the general election in 1902, a judge shall be 
elected in each of said judicial districts, who shall hold his 
office for a term of four years from the second Monday in Jan- 
uarv, 1903. And there shall be a judge elected in each of said 
judicial districts at the general election every four years there- 
after. [Gen. Stat. 1901, § 2753.] ' 

Districts six, seven, eight, nine, eighteen, twenty-nine, thirty-six, and 
Court of Common Pleas of Wyandotte County. 

Sec. 8. At the general election in 1904, a judge shall be 

*Also in districts eleven (Laws 1870. ch. 60. §4).. twenty-two (Laws 
1886. id.. 118. §5), twentv-three (id., ch. 120, §5). and twentv-four (id., 
ch. 121, §5). 

Also in districts one. two. three, four and five, which were created by 
the Constitution (Laws 1861. ch. 31. §3: Comp. Laws 1862. ch. 87. §3*; 
Gen. Stat. 1868, ch. 36. §3; The State, ex rel., v. Robinson, 1 Kan. 17), 
twelve (Laws 1871, ch. 67, § 7), and thirteen (Laws 1872. ch. 112, § 7). 

District sixteen was abolished by ch. 119, Laws 1897, and districts 
twenty-five, twenty-six. twenty-seven and twenty-eight were abolished by 
ch. 106. Laws 1895. (See Aikman v. Edwards, 55* Kan. 751.) 



<>1 I ICES TO BE ll I- 111'. V 

elected in eacb of said judicial districts and in Baid Wyandotte 
county, who shall hold his office for a term of four yeara from the 
second Hfonday in January, L905. And there shall be a judge 
elected in each of Baid judicial districts al the general election 
every four years thereafter. [Id., §2754.] 

COUNTY AM) TOWNSHIP OFFICERS AND COUNTY 
COMMISSIONERS. 

GENERALLY. 

Sec. 9. General elections and township elections shall be held 
biennially on the Tuesday succeeding the first Monday in Xo- 
vomber in the years bearing even numbers. All county and 
township officers shall hold their offices for a term of two years 
and until their successors are qualified : Provided, One county 
commissioner shall be elected from each of three districts, num- 
bered 1, 2 and 3, by the voters of the district, and the legislature 
shall fix the time of election and the term of office of such com- 
missioners; such election to be at a general election, and no 
term of office to exceed six years. All officers whose successors 
would, under the law as it existed at the time of their election, 
be elected in an odd-numbered year, shall hold office for an addi- 
tional vear and until their successors are qualified. ~No person 
shall hold the office of sheriff or county treasurer for more than 
two consecutive terms. [Constitution, art. 4, § 2 ; amendment 
adopted at general election of 1902. Session Laws 1901, ch. 
4- ; 4, § 1.] 

COUNTY OFFICERS. 

Sec. 10. On the Tuesday succeeding the first Monday in 
Kovember, A. D. 1902, and on the Tuesday succeeding the first 
Monday in November in every second year thereafter, there 
shall be held a general election for the election in each county 
of every county officer except county commissioners, and for the 
election in Wyandotte county of a clerk of the court of common 
pleas, as follows: Probate judge, clerk of the district court, 
county superintendent of public instruction, county attorney, 
sheriff, coroner, county clerk, county treasurer, register of deeds, 
county surveyor, and clerk of the court of common pleas of 
Wyandotte county. [Gen. Stat. 1901, § 2751.] 



10 GEHTERAX ELECTION LAWS. 

COUNTY com^iissioxees. 
Sec. 11. At the general election in November, 1904, there 
shall be elected in each county one commissioner in the district 
which elected a commissioner at the general election in Xovem- 
ber, 1900, and one commissioner in the district which elected 
a commissioner at the general election in November. 1901; at 
the general election in November, 1906, there shall be elected in 
each comity one commissioner in the district which elected a 
commissioner at the Xovember election in 1902: Provided, 
That where the numbers or boundaries of any districts have been 
changed since the election of 1900. 1901, or 1902. the successors 
tc 3uch districts shall be the ones covered by the foregoing pro- 
visions. All county commissioners shall hold for a term of four 
years from the second Honday of January next after their elec- 
tion, and until their successors are qualified; their elected suc- 
sessora to be chosen at the general election in November preced- 
ing the expiration of their terms. Session Laws 1903. eh. 
§ 1.] 

TOWXSHIP OFEICEES. 

Sec. 12. The township election in the several townships shall 
be held on the Tuesday succeeding the first Monday in Novem- 
ber. A. D. 1904, and every two years thereafter: Provided, That 
the several township officers whose term of onice would expire 
upon the election and qualification of their successors in office 
at the November election, A. D. 1903. shall continue to hold 
their several oifices until their successors are elected and quali- 
fied at the election provided for in this act : Provided, That this 
shall not app"~ : : sty townships. [Session Laws 1903, ch. 

Sheriff's Proclamation, Sec. 12a. It shall be the duty 
of the sheriff, and he is hereby required, fifteen days at least 
before the holding of any general election, or ten days before 
the holding of any special election, to give public notice by 
proclamation throughout his county, of the time of holding 
such election, and the onicers at that time to be chosen, one copy 
of which shall be posted up at each of the places where the 
elections are appointed to be held, and inserted in some news- 
paper published in the county, if any be published therein. 
[Gen. Stat. 1901. § 2570.] 



( II APTEIl II. 

NAMING CANDIDATES. 



GENERALLY. 

By political parties. Sec. 13. All nominations made by 
political parties shall be known and designated as "party nomi- 
nations," and the certificates by which such nominations are 
certified shall be known and designated as " party certificates of 
nomination." Party nominations of candidates for public office 
can be made only by a delegate or mass convention, primary 
election or caucus of qualified voters belonging to one political 
party having a national or state organization: Provided. That 
party nominations for city officers may be made by a conven- 
tion, primary election or caucus of qualified electors belonging 
to a political party having only a local organization. Party 
nominations so made shall, subject to the provisions of this act, 
be placed upon the official ballot. [Gen. Stat. 1901, § 2696.] 

Sec. 14. Any political party having a state or national or- 
ganization, by means of a delegate or mass convention, primary 
election, or caucus of qualified voters belonging to such party, 
may. for the state or municipality, or any lawfully organized 
portion of either, for which such convention, primary election or 
caucus is held, nominate one person for each office that is to be 
filled therein at the next ensuing election, and, subject to the 
provisions of this act, file a certificate of such nomination so 
made. Every such certificate shall be signed by the presiding 
officer and a secretary of the convention or caucus making such 
nominations. Where such nominations are made by primary 
election, the certificate shall be signed by the members of the 
board of canvassers to which the returns of such primary elec- 
tion are made. In each case the persons signing the certificates 

(11 ) 



12 GEXEEAE ELECTION LAWS. 

shall add to their signatures their places of residence, and shall 
make and subscribe an oath that, to the best of their knowledge 
and belief, such certificates and the statements therein made are 
true; and a certificate that such oath has been taken and ad- 
ministered shall be made and signed on such certificate of nomi- 
nation by the officer before whom the same was taken. [Id., 
§ 2697.] 

Independent nominations. Sec. 15. All nominations 
other than party nominations shall be known and designated 
as " independent nominations," and the nomination papers 
whereby such nominations are made shall be known and desig- 
nated as "independent certificates of nomination." Independ- 
ent nominations of candidates for any office to be filled by the 
voters of the state at large may be made by nomination papers 
signed by not less than twenty-five hundred qualified voters of~ 
the state for each candidate. Independent nominations of can- 
didates for offices to be filled by the voters of a county, district 
or other division less than a state may be made by nomination 
papers signed by not less than five per centum of the qualified 
voters of such county, district, or other division, for each candi- 
date ; and in no case to be signed by less than twenty-five voters 
of such county, district, or division, for each candidate. Inde- 
pendent nominations of candidates for offices to be filled by the 
voters of a township, city or ward may be made by nomination 
papers signed by not less than five per centum of the qualified 
voters of such township, city or ward, for each candidate, and 
in no case to be signed by less than ten such voters of such town- 
ship, city, or ward, for each candidate. The signatures to such 
nomination papers need not all be appended to one paper, but 
each voter signing an independent certificate of nomination shall 
add to his signature his place of residence and postoffice address, 
and one of the signers to each separate certificate shall make 
and subscribe an oath that the signatures thereto are genuine, 
and also that, to the best of his knowledge and belief, the state- 
ments therein contained are true ; and a certificate of such oath 
shall be annexed to each such nomination paper. Xo such nomi- 



NAMING I \\ hi h at i 13 

nation paper shall contain the names of more candidates for 

anv office than there are persons to be elected thereto, and if it 
n shall be v.. id. No person shall join in nominating more 
than one person for the Banae office, and if he does his name shall 
Dot be counted on anv certificate. [Id^*§ 2698. "| 

Certificates of nomination. Sec. 16. All certificates of 
nomination shall be in writing, shall contain the name of each 
person nominated, his residence, his business, and the office for 
which he is nominated. Party certificates of nomination shall 
designate in not more than two words, of which the word 
" party " shall be one, the political party which the convention, 
primary election or caucus making the nominations represented ; 
as, for instance, " republican party," " democratic party," 
" people's party," "populist party," or "prohibition party"; 
but a compound or hyphenated word shall not be used to des- 
ignate the name of a political party within the meaning of this 
act. When electors for president and vice-president of the 
United States are nominated, the names of the candidates for 
president and vice-president may also be showm on the certifi- 
cates. [Id., part of §2699.] 

Party emblems. Sec. 17. Party certificates of nomina- 
tion shall contain and show, by a representation thereof, some 
simple device or emblem to designate and distinguish the can- 
didates of the political party making the nominations. Within 
thirty days after the taking effect of this act, the chairman of 
the state committee of each political party may file with the 
secretary of state his certificate setting forth and showing, by 
a representation thereof, his selection of a device or emblem 
for the political party represented by him. The device or em- 
blem so chosen and filed shall be used thereafter to designate 
and distinguish all the candidates of that political party upon 
all tickets throughout the state and in all subdivisions and 
municipalities thereof: Provided, That any state convention of 
said party may change said device or emblem by adopting any 
other in its stead that is not then in use by any other political 
party, and by filing with the secretary of state a certificate 



14 GEXEEAL ELECTION LAWS. 

signed by the presiding officer and a secretary of said conven- 
tion setting forth and showing, by a representation thereof, 
said newly adopted device or emblem and the action of said 
convention in reference thereto. Xo device or emblem shall be 
used or shown in making independent nominations. Xo politi- 
cal party shall select any device or emblem the same as, or 
similar to, or that is liable to be confounded with or mistaken 
for, the device or emblem then in use by any other political 
party. If, for any reason, no device or emblem shall be selected 
for a political party within thirty days from the taking effect 
of this act as herein provided, then it shall be lawful, until a 
state convention of said party shall be held, for the members of 
such party, in conventions, primary elections or caucuses held 
by them to make nominations, to select and use such devices or 
emblems as they prefer, subject to the provisions of this act; 
but it shall be the duty of the first state convention held by 
such party, and also the duty of the first state convention held 
by any political party hereafter organized, to select and file 
with the secretary of state, as hereinbefore provided, a device 
or emblem for said party, which shall continue to be used, or 
may be changed as herein provided. The device or emblem 
herein referred to may be the representation of a star, an ani- 
mal, an anchor or other appropriate symbol, but neither the coat 
of arms nor seal of any state, nor of the United States, the 
national flag, nor any religious emblem or symbol, nor the por- 
trait of any person, nor a representation of a coin or of the 
currency of the United States, shall be chosen as such distin- 
guishing device or emblem. All certificates of nominations and 
certificates showing devices or emblems selected by or for a 
political party, when filed with the proper officer, shall be 
treated as public records and shall be open to public inspection, 
and certified copies thereof shall be received in evidence upon 
the same conditions and with the same effect as certified copies 
of other public records. If the same or substantially the same 
device or emblem shall be selected and filed by two or more 
political parties, or if written objections to any device or em- 



\ am i \.. « wnih\ ii g, 15 

bleu) sel forth and Bhown in any certificate of Domination be 
made and filed by any person with the officer with whom Bueh 
device, emblem or certificate 1ms been tiled, such objections and 
all questions arising in reference to such devices and emblems 
shall be acted upon, considered and decided in accordance with 
the provisions ition 10 of the act of which this act is 

amendatory, and by the several tribunals therein mentioned, 
and the decision of said tribunal shall be final. Where the 
decision of said tribunal is against the use of any device or em- 
blem, the political parry against whom the decision is rendered 
may select and lile another device or emblem within five days 
after such decision is rendered, on the same conditions and 
through the same agencies by which the original device or em- 
blem was >elected, or through which a vacancy on the ticket 
may be filled. If, after such decision, no new device or emblem 
be so selected and filed by such political party, the tribunal 
lendering the decision shall, immediately after the expiration 
of said five days, select another device or emblem for said party, 
which shall he printed on all its tickets. [Id., § 2699.] 

Two or more factions of party. Sec. 18. If there be a 
division within a party, and two or more factions claim the 
same or substantially the same device, emblem, or party name, 
or if two or more conventions are called by different authorities, 
each claiming to represent the same party for that purpose, the 
several tribunals provided for in section 10 of the act of which 
this act is amendatory shall decide, in accordance with the pro- 
visions of said section, which of said factions or conventions is 
entitled to the use of the device, emblem, or party name, so that 
the same or substantially the same party name, device or em- 
blem shall not appear more than once on the official ballot, and 
the decision of such tribunal shall he final. [Id., § 2699.] 

Time for filing nominations. Sec. 19. Certificates of 
nomination and nomination papers for the nomination of can- 
didates for offices to be filled by the electors of the entire state, 
or any division or district greater than a county, shall be filed 
with the secretarv of state not less than fortv clavs before the 



16 GENERAL ELECTION LAWS. 

day fixed by law for the election for which the candidates are 
nominated. All other certificates for the nomination of candi- 
dates shall be filed with the county clerks of the respective coun- 
ties not less than thirty days previous to the day of such elec L 
tion : Provided, That when the election is to fill a vacancy in 
the office of senator or member of the house of representatives 
which shall have occurred during, or within forty days prior 
to the commencement of, any session of the legislature, such 
certificates of nomination or nomination papers may be filed 
with the secretary of state or the proper county clerk not less 
than ten days prior to the election to fill such vacancy. The 
certificates of nomination and nomination papers for the nomi- 
nation of candidates for the offices in cities shall be filed with 
the clerks of the cities not less than ten days previous to such 
election. [Id., § 2700.] 

Same person can have but one nomination. Sec. 20 
~No person shall accept more than one nomination for the same 
office. Whenever any person shall receive two or more nomina- 
tions for the same office at different dates, he shall be deemed to 
have accepted the nomination first made and to have declined 
the others, unless within the time limited for filing certificates 
of nomination he shall file in the office where such certificates 
of nomination are required to be filed a written statement, 
signed and sworn to by him, designating which one of such 
nominations he desires to accept; and upon the filing thereof 
he shall be deemed to have declined the other nominations. 
Whenever any person shall receive two or more nominations for 
the same office on the same date, it shall be his duty, within the 
time limited for the filing of certificates of nomination, to file 
with the officer with whom the certificates of nomination are 
filed a written statement, signed and sworn to by him, desig-. 
nating which one of such nominations he desires to accept, and 
upon the filing thereof he shall be deemed to have declined the 
other nominations ; and if he shall refuse or neglect to so file 
such an election, the officer with whom the certificates of nomi- 
nation are filed shall, immediately upon the expiration of the 



NAMING I A.NDIDA I I S. 



17 



time for the filing of certificates of Domination, make and file 
in his office an election of one nomination for such candidate. 
The officer charged with the printing of the official ballots shall 
print such candidate's name upon the official ballot under the 
designation so selected, bul under no other designation whatever. 
[Laws L903, ch. 228, § L] 

Withdrawal of candidates. Sec. 21. Any person who 
has been nominated for an office mav cause his name to be with- 
drawn from nomination by his request in writing, signed by 
him and acknowledged before an officer qualified to take ac- 
knowledgments of deeds, and filed with the secretary of state 
not less than thirty days, or with the comity clerk not less than 
twenty days, or with the city clerk not less than eight days, 
previous to the day of election; and no name so withdrawn 
shall be printed on the ballots. All certificates of nomination, 
when filed shall be open under proper" regulations to public in- 
spection, and the secretary of state, the several county clerks 
and city clerks having charge of such certificates shall preserve 
the same in their respective offices for one year after the elec- 
tion. [Id., § 1.] 

Vacancy, how filled. Sec. 22. In case a candidate who 
has been duly nominated, under the provisions of this act. dies 
before election day, or declines the nomination as in this act 
provided, or should any certificate of nomination be held in- 
sufficient or inoperative by the officers with whom they may be 
filed, the vacancy or vacancies thus occasioned may be filled by 
the political party or the persons making the original nomina- 
tions ; or, if the time is insufficient therefor, then the vacancy 
may be filled, if the nomination w T as by convention, primary, or 
caucus, in such manner as the convention, primary, or caucus 
had previously provided ; or in case of no such provisions, then 
by the regularly elected or appointed executive or central com- 
mittee representing the political party or persons holding such 
convention, primary meeting, or caucus. The certificates of 
nominations made to supply such vacancy shall state, in addi- 
tion to the facts hereinbefore required by this act, the name of 



IS GEXEEAL ELECTION LAWS. 

the original nominee, the date of his death or declination of 
nomination, or the fact that the former nomination had been 
held insufficient or inoperative, and the measures taken in ac- 
cordance with the above requirements for filling a vacancy, and 
it shall be signed and sworn to by the presiding officer and the 
secretary of the convention, primary, or caucus, or by the chair- 
man and secretary of the duly authorized committee, as the 
case may be. [Gen. Stat. 1901. §2702.] 

Objections to nominations. Sec. 23. The certificate of 
nomination and nomination papers being so filed, and being in 
apparent conformity with this act. shall be deemed to be valid, 
unless objection thereto is duly made in writing^ within three 
days from the date said papers are filed with the proper officers. 
Such objections or other questions arising in relation thereto, in 
the case of nominations of state officers or officers to be elected 
by the voters of a division less than a state, and greater than a 
county, shall be considered by the secretary of state, auditor of 
state and attorney-general, and a decision of a majority of these 
officers shall be final. Such objections or questions arising in the 
case of nominations for officers to be elected by the voters of a 
county or township, shall be considered by the county clerk, 
clerk of the district court and county attorney ; and the decision 
of a majority of said officers shall be final. Objections or ques- 
tions arising in the case of nominations for city or incorporated 
town officers shall be considered by the mayor and clerk, with 
whom one councilman, chosen by a majority of the councilmen. 
shall act : and the decision of a majority of such officers shall be 
final. In any case where objection is made, notice shall forth- 
with be given, by the officer with whom the objections are filed, 
to the candidates affected thereby, addressed to their places of 
residence, as given in the nomination papers, and stating the 
time when — in no case to be more than five days, if a state or 
district officer, nor more than three days if a county officer — 
and the place where such objections will be considered. All 
mandamus proceedings to compel an officer to certify and place 
upon the ballot any name or names, and all injunction proceed- 



NAMING CANDIDA DES. 



19 



ings asking that said officers be restrained from certifying and 
placing upon the ballot any name or names, mus1 be commenced 
nor less than twenty days before the election. [Id., § 2703, | 

Secretary of state to certify to clerks nomination to 
fill vacancy. Sec. 24. When such certificate is filed with 
the secretary of state, he shall, in certifying nominations to the 
various county clerks, insert the name of the person thus nomi- 
nated to fill vacancy in place of the original nominee; and in 
the event that he has already sent forward his certificate, he 
shall forthwith certify to the clerks of the proper counties the 
name and description of the person so nominated to fill the 
vacancy, the office he is nominated for, with the other details 
mentioned in certificates of nomination filed with the secretary 
of state; he shall immediately certify the name so supplied to 
the authorities charged with the printing of the ballots. The 
name so supplied for the vacancy shall, if the ballots are not 
already printed, be placed on the ballots in place of the name of 
the original nominee ; or, if the ballots have been printed, new 
ballots, whenever practicable, shall be furnished. [Id., § 2704.] 

Name, how changed on printed ballot. Sec. 25. When- 
ever it may not be practicable to have new ballots printed, it 
shall be the duty of the election officer having charge of the 
ballots, to place the name so supplied for the vacancy upon each 
ballot issued before delivering it to the voter ; the name* so sup- 
plied may be placed upon the ballots either by affixing a paster, 
or by writing or stamping the name upon the ballot; and to 
enable this to be done, the officer with whom the certificates of 
nomination are to be filed shall immediately furnish the name 
of such substituted nominee to all judges of election within the 
territory in which such nominee may be a candidate: Provided, 
That in all cases where the certificates of nomination or nomina- 
tion papers are filed with the secretary of state he shall be re- 
quired only to immediately furnish the name of such substituted 
nominee to the county clerks within said territory, and it shall 
then be the duty of the county clerk to furnish such information 
to the judges of election as hereinbefore stated. [Td., § 2705.] 



20 GENERAL ELECTION LAWS. 

Secretary of state shall certify nominations. Sec. 26. 
'Not less than twenty days before an election to fill any public 
office, the secretary of the state shall certify to the county clerk 
of each county within which any of the electors may by law 
vote for the candidates for such office, the name and residence 
of each person nominated for such office, as specified in the 
certificates of nomination or nomination papers filed with the 
secretary of state. [Id., § 2706.] 

Penalty for Irregularities. Sec. 27. Any person who 
shall falsely make, or willfully destroy any certificate of nomi- 
nation, or nomination papers, or any part thereof, or any letter 
of withdrawal, or who shall file any certificate of nomination, or 
nomination papers, knowing the same or any part thereof to 
be falsely made, or suppress any certificate of nomination or 
nomination papers, or any part thereof which have been duly 
filed, or who shall forge or falsely make the official indorsement 
on any ballot, or who shall substitute therefor any spurious or 
counterfeit ballot, or who shall make, use, circulate or cause to 
be made, used or circulated as an- official ballot, or any paper 
printed in imitation or resemblance thereof, or who shall will- 
fully destroy or deface any ballot, or who shall willfully delay 
the delivery of any ballots, shall upon conviction be punished 
by a fine of not less than one hundred dollars nor more than one 
thousand dollars, or by imprisonment in the penitentiary for 
not less than one year nor more than five years, or by both such 
fine and imprisonment. [Id., § 2722.] 

PRIMARY ELECTIONS. 

To be held under following provisions. Sec. 28. 

When any voluntary political association or party in any dis- 
trict, county, township, or municipal corporation causes notice 
of the holding of and primary election, shall be published, as pro- 
vided in the next two sections, such election shall be held and 
conducted under the provisions of this, chapter. [Gen. Stat. 
1901, §2743.] * 



NAM I \«. CANDIDATES. 



21 



Notice must be given by central committee. Sec. 29. 
Such Qotice musl be ordered by a vote of a majority of the cen- 
tral or controlling committee of such association or party, and 
state the authority by which it is published, the purpose, time, 
manner, conditions and places of the holding of such election, 
the name of a legal voter of the precinct who is to preside and 
supervise at each poll, and shall prescribe the qualifications, 
nor inconsistent with the provisions of this chapter, of the 
persons to vote at such election. [Id., §2744.] 

Five days' notice in newspaper. Sec. 30. At least five 
days previous to any such election such notice shall be published 
in newspapers printed and of general circulation in each county 
of the district; or, where the election is held in the territory 
of a single county, in such newspaper of that county; but the 
publication shall not be required in any county in which no 
newspaper is printed ; the notice shall also be posted in at least 
three public places in each precinct within the territory in which 
the election is to be held, and proof that the notice was so 
posted in the other precincts shall not be required to show that 
any such election was legally held at any precinct in which the 
same was duly posted. [Id., § 2745.] 

Supervisor take oath. Sec. 31. The person named in the 
notice as supervisor, or, in his absence or refusal to serve, the 
person chosed by the electors present to be such supervisor, shall 
take an oath that he is a legal voter at such poll; that he will 
correctly and faithfully conduct such election, protect it against. 
all frauds and unfairness, and carefully and truly canvass all 
votes cast thereat, in the manner required by the authority ap- 
pointing the election ; and thereupon, the supervisor shall cause 
the electors present, possessing the qualifications of persons en- 
titled to vote under the notice, to choose two judges and two 
clerks of election to assist him in receiving and taking account 
of the votes cast, to each of whom shall be administered the same 
oath taken by the supervisor ; and a township trustee or clerk, 
or a supervisor of election, who has been duly sworn, may ad- 
minister the oath prescribed in this section. [Id., § 2746.] 



22 GE^EKAL ELECTION LAWS. 

Qualified elector may challenge votes. Sec. 32. A 
qualified elector under the notice may challenge any vote of- 
fered, because the person offering it is not entitled to vote under 
the notice, or is not a citizen of the United States, or cannot be 
at the next election a legal voter of the precinct, or has received 
or been promised, directly or indirectly, any money, fee or 
reward for his vote for any candidate at such election, or has 
voted before on the same day at that or some other precinct, 
in the same election. [Id., § 2747.] 

Supervisor or judge must administer oath to chal- 
lenged voter. Sec. 33. Thereupon, the supervisor, or one of 
the judges, shall administer to the person offering to vote, an 
oath that he will true answers make to such questions as may 
be put to him touching his qualifications to vote at such election, 
and shall interrogate him as to his qualifications. If such per- 
son refuse to be sworn, or, being sworn, refuse to answer any 
question, his vote shall be rejected ; but if the oath be taken and 
the questions be answered satisfactorily, and he be not success- 
fully contradicted by the sworn testimony of witnesses who may 
be called, his vote shall be received, and the word " sworn " shall 
be noted opposite his name on the poll book. [Id., § 2748.] 

Punishment for bribing voters. Sec. 34. That if any 
candidate for office in any election mentioned in this act, or any 
other person, shall directly or indirectly offer, promise, procure, 
confer, or give any money, property, thing in action, prefer- 
ment, or other 'consideration or valuable thing, any money, note 
or check, draft, credit, or property, to be used by way of fee, 
reward, gift, or gratuity, for giving or refusing to give, any 
vote in any election of any public officer, state, county, or 
municipal, whatever, or of any member of the congress of the 
United States, or electors for president and any vice-president 
of the United States, such person either offering, asking or re- 
ceiving the same shall be deemed and taken to be guilty of a 
misdemeanor, and on conviction thereof be punished by fine or 
imprisonment, or both, at the discretion of the court, said fine 
not to exceed one hundred dollars nor such imprisonment six 



NAMING CANDIDATES. 



23 



months: And fur/her, Such person shall, on such conviction, 
and as a part of the judgment of the court, be deprived of the 
right of suffrage, and such candidate for office be disqualified 
to hold any office to which he was elected at such election: And 
further, If any person shall mark, in any way, for the purpose 
of corruptly identifying any ticket that shall be afterwards voted 
at such election, with intent to escape, evade or violate the pro- 
visions of this act, then any such person shall be deemed and 
taken to be guilty of a misdemeanor, and on conviction thereof 
be punished by fine or imprisonment, or both, at the discretion 
of the court, said fine not to exceed one hundred dollars, and 
such imprisonment six months. [Id., § 2749.] 

Persons compelled to testify. Sec. 35. That any per- 
son may be compelled to testify in any judicial proceedings 
against any person or persons charged with bribery, corrupt 
solicitation, or the offenses hereby prohibited, and shall not be 
permitted to withhold his testimony on the ground that he may 
criminate himself or subject himself to punishment, but such 
testimony shall not be afterwards used against him in any 
judicial proceedings, except for perjury in such testimony. 
[Id., § 2750.] 



CHAPTER III. 

FACILITIES FOR VOTING.* 



Where elections held. Sec. 36. Each township in the 
several counties shall compose one election district, unless such 
township is now or shall hereafter he divided by law into more 
districts than one, the election to be held at such place in such 
township or district as the trustee and any justice of the peace 
in each township shall direct; and each ward of any city that 
is or may be divided into wards shall compose one election 
district, the elections therein to be held at such places as the city 
council may direct. [Gen. Stat. 1901, § 2568.] 

Where polls not to be opened. Sec. 37. No poll shall 
be opened, or election be held, in this state, at or in any build- 
ing in which spirituous, vinous, fermented or other intoxicating 
liquors are kept or sold. [Id., § 2635.] 

Hours of voting. Sec. 38. At all elections to which this 
act applies, the polls shall be opened at eight o'clock in the morn- 
ing and shall be closed at six o'clock in the evening: Provided, 
That in all cities of the first class the polls shall be opened at six 
o'clock in the morning and closed at six o'clock in the evening. 
[Laws 1903, ch. 231, § 1,] 

Ballots furnished at public expense. Sec. 39. All bal- 
lots cast in any general election or special election in this state, 
in any political subdivision thereof larger than a school district, 
shall, after the taking effect of this act, be printed and distrib- 
uted at public expense. The printing and distribution of ballots, 
and all other expenses connected with or growing out of the 
provisions of this act, or that are necessary to provide for the 

*As to poll-books, tally-sheets, etc., under new law, see part §§ 144, 145. 

(24) 



1 \< 1 1 ii I I S 1 OH VOTING. -» r > 

elections thereunder, shall he paid by the townships and cities 
of the first and second classes; and it Bhall be the duty of tin 1 
county commissioners to apportion such expenses to the town- 
ships and cities of the county in proportion to the votes casl a1 
the last preceding general election in each township and city. 
It shall be the duty of the county clerk to charge such expenses, 
as apportioned by the board of county commissioners, to the 
genera] fund of the several townships and cities of the first and 
ad classes. [Gen. Stat. 1091, §2694.] 

Sec. 1:0. The printing and distributing of ballots for use in 
city elections shall he at the expense of the cities or towns in 
which such elections shall be held. The term " general election " 
a- used in this act shall apply to any election held for the choice 
of national, state, judicial, district or county officers, whether 
for the full term or for the filling of a vacancy. The term 
'"city election" shall apply to any municipal election held in a 
city or incorporated town. [Id., § 2695.] 

Classes of ballots. Sec. 41. The names of all candidates 
for national, state, congressional, legislative, judicial and county 
offices to be voted for in each township, ward or precinct shall 
be printed on one ballot, which shall be known and designated 
as the " general ballot.' 7 The names of all candidates for town- 
ship offices, including road overseer, shall be printed on a sepa- 
rate ballot, which shall be known as the " township ballot." The 
names of all candidates for city and ward offices in city elec- 
tions shall be printed on a separate ballot, which shall be known 
and designated as the "city ballot." [Session Laws 1903, 
ch. 228, § 2.] 

Ballots for voting on propositions. Sec. 42. When- 
ever a constitutional amendment or other proposition or ques- 
tion is to be submitted to the voters of the state or any district 
or municipality thereof, a separate ballot shall be provided by 
the same officers who are charged by law with the duty of pro- 
viding the official ballots for candidates for public office. Such 
ballot shall comply with the requirements for official ballot for 
candidates for public office in so far as such requirements are 



26 GENERAL ELECTION LAWS. 

applicable thereto. Upon said ballot there shall be printed by 
designated title, in brevier lower-case type, the constitutional 
amendment or other proposition or question upon which the 
voters within the township, ward or precinct for which snch 
ballot is prepared may lawfully vote, preceded by the words, 
" Shall the following be adopted ? " If there be more than one 
constitutional amendment, proposition or question to be voted 
upon, the different amendments, propositions or questions to be 
voted upon, the different amendments, propositions or questions 
shall be separately numbered and printed, and be separated by 
a broad solid line one-eighth of an inch wide. Opposite and after 
each such amendment, proposition or question so submitted shall 
be printed two squares, one above the other. Preceding the 
upper one of such squares shall be printed the word " Yes," and 
preceding the lower one of such squares shall be printed the 
word " No." Across the entire width of said ballot, and at the 
top thereof, shall be printed in pica type the following instruc- 
tions : " To vote in favor of any question submitted upon this 
ballot, make a cross X mark in the square after the word ' Yes ' ; 
to vote against it, make a similar mark in the square after the 
word l No.' " On the back of each such ballot shall be printed, 
in addition to the indorsements prescribed for general, township 
and city ballots, the words " questions submitted." When such 
questions are to be submitted, a separate ballot-box shall be pro- 
vided at each voting-place for their reception. [Gen. Stat. 1901, 
§2709.] 

Details of ballots. Sec. 43. All official ballots shall be 
printed in black' ink, on clear white book paper through which 
the printing or writing cannot be read. Extending across the 
entire width of the ballot, and at the top thereof, the following 
instructions to voters shall be printed in pica type : 

The ballot should be marked in one of two ways, with a pencil having 
black lead: First, to vote a straight ticket, make a cross-mark within the 
circle below one of the devices or emblems shown thereon, and not elsewhere 
on the ballot. The second way is not to make any mark in any circle below 
any device or emblem on the ballot, but make a cross-mark in the square 
at the right of the name of each candidate for whom you desire to vote, on 



FACILITIES FOB VOTING 



2 V 



whatever ticket his name may be found. To vote for a person whose name 

does not appear on the ballot, write the name of SUCh person under Un- 
title of the office in the blank column, and make i cross-mark in the Bquare 
at the right of his name. Any other mark than the cross-mark used for the 
purpose Of voting or any erasure made on this ballot makes it. void, and no 

vote thereon can U> counted; provided, that when a voter has properly 
marked his ballot in the circle at the head of the ticket the marking of the 
names by a proper cross-mark in all the squares to the right of the names 
on the same party ticket shall not prevent the counting of such ballots. 
It you tear or deface or wrongly mark this ballot, return it and obtain 
another. 

On the back or outside of the ballot, so as to appear when 
folded, shall be printed the words " official general ballot," or 
" official township ballot/' or " official city ballot," as the case 
may be, followed by the designation of the polling-place for 
which the ballot is prepared, the date of the election, and fac- 
simile of the signature of the clerk or other officer who has 
caused the ballot to be printed. All nominations made and certi- 
fied in acordance with the provisions of this act, and none other, 
shall be printed on the official ballot. Party nominations shall be 
placed in separate columns under the name of such party as des- 
ignated in the certificates of nomination ; as, for instance, " re- 
publican ticket," " democratic ticket," " people's ticket," " popu- 
list ticket," or "prohibition ticket." All independent nominations 
shall be printed in one or more columns, according to the space 
required, under the heading " independent nominations." The 
name of each candidate shall be printed on the ballot once and 
no more. Xo name that is printed on the ballot can be written 
elsewhere on the ballot. !No more names shall be printed under 
the title of an office on a ticket than there are persons to be 
elected to such office. Ballots shall contain no other names than 
those of nominees, except that the names of candidates for 
electors for president and vice-president of the United States 
may be preceded by the names of the candidates for president 
and vice-president. The ticket of the party casting the highest 
number of votes in the state for the office of governor at the last 
preceding state election shall be placed in the first column on the 
official ballot, and the position of other party tickets on said 
ballot shall be governed relatively by the same rule. Independ- 



28 GEXEEAL ELECTION LAWS. 

ent nominations shall be placed to the right of the party nomina- 
tions, in such order as they may be filed. On the right of the 
ballots shall be a column in which shall be printed only the titles 
of the offices to be voted for by the electors at the polling-place 
for which the ballot is printed, which column shall be known 
and designated as the " blank column." Each ticket or column 
(except the blank column and columns for independent nomina- 
tions) on the official ballot shall be headed by the device or em- 
blem chosen by or for the political party making the nomination 
therein shown. Below the device or emblem and above the party 
name there shall be printed, in the middle of the column, a black 
circle three-fourths of an inch in diameter, so as to give each 
voter a clear opportunity to designate his desire to vote for each 
and every candidate on such ticket by making a cross-mark in 
said circle. Above such circle, in two parallel lines, the follow- 
ing shall be printed, in pica type : " For a straight ticket, make 
a cross-mark in the circle below and not elsewhere on the ballot." 
A clear space of one-half an inch shall be left between the circle 
and the device or emblem above it. Below the circle the party 
name of the ticket shall be printed, in pica capital letters, which 
shall be followed by the respective lists of candidates, arranged 
in such order as the officer charged with the preparation of the 
ballots shall decide. The title of the office, together with the 
names of the candidates therefor, shall be printed in a space not 
more than one-half inch in depth and not less than two inches in 
width, defined by light horizontal ruled lines, and at the right 
of the name of each candidate shall be printed a square, which 
shall be not less than one-fourth of an inch in length: Provided, 
That when two or more persons are to be voted for, for the same 
office, for the same term, on the same ticket, the title of the office 
shall be printed in the first space only. When no nomination 
has been made by a political party for an office to be filled at 
the election, or if a nomination has been made but under the 
provisions of this act the name of the nominee cannot be printed, 
on the official ballot, the title of such office shall be printed in 
such party column, and underneath such title shall be printed 



Aril. I II I - FOR VO N \<. 



29 



in pica capital and lower-case type, the words " No nomination," 
but no voting square shall be placed after the words " No nomi- 
nation." On the upper right-hand corner <»i* all township tickets, 
above the instructions, shall be printed the words " Road dis- 
trict No. •" Bach of the adjoining columns containing the 

list of candidates shall be separated l>y two distinct lines qoI l< 
than one-sixteenth of an inch apart; all as is shown in the 
accompanying sample ballot. | Laws L903, ch. 228, §2.] 

lot should U> marked in one of two ways, with a pencil having black lead ; First, to vote a straight ti< kit, make a < roes X mark within 
•he circle Mow one of tin- devices or emblems shown thereon, and not elsewhere on the ballot. The second way is not to make any mark in any circle 
*>low ant device or emblem on the ballot, but make a cross X mark in the square at the right of the name of each candidate for whom you desire to. 
Mm, on whatever ticket his name may ho (band. To votofora person whoso name does not appear on the ballot, write the name of such person under 

■ the office in the hlank column, and make a cross X mark in the square at the right of his name. Any other mark than the cross X mark 
aed for the purpose of voting, or any erasure made on this ballot, makes it void, and no vote thereon can he counted ; provided, that when a voter has 
jropvrlv marked his ballot in the circle at the head of the ticket, the marking of the names by a proper cross X mark in all the squares to the right of 

• 'a the same party ticket shall not prevent the counting of such ballot. If you tear or deface <>r wrongly mark this ballot, return it and 

■ther. 




straight ticket, make 
X mark in the circle 

and not elsewhere on 




REPUBLICAN TICKET. 




For a straight ticket, make 
a cross X mark in the circle 
below, and not elsewhere on 
the ballot. 




a w SMITH. 



O. P. ERGENEKIGHT. 



I. P. BRADLEY. 



STATE TICKET 



For A»oci»U> Justice of the 
Supreme Court, 
W. A. JOHNSTON. | 



COUNTY PICKET. 

zn 

□ 



II STAKKtXKU II 



ndidale* on county ticket.) 



PEOPLE'S TICKET. 



For Presidential 



JOSEPH 0. FUGATE. 



□ 



ROBEKT W. TURNER. 



"□ 



I JAMES BECK. 



□ 



STATE TICKET. 



DAVID MARTIN. 



□ 



COUNTY TICKET. 



□ 



I I 
DU. J. A RE A. I I 



□ 



i on county tUkrt.1 




For a straight ticket, make 
a cross X mark in the circle 
below, and not elsewhere on 
the ballot. 




PROHIBITION TICKET. 



For Presidential Electors, 



□ 



F. M. STEVES. 



T. D. TALMADGE. 



STATE TICKET. 



For Associate Justice of the 

Supreme Court, 

NO NOMINATION. 



□ 



COUNTY TICKET. 



□ 



□ 



□ 



INDEPENDENT NOMINATIONS. 



□ 



For Trustee County High School, I 1 
R. M. HEASTV. LJ 



□ 



u 



D 



BLANK COLUMN. 



For President, 

For Vice-president, 

For Presidential Electors, 



□ 



□ 



STATE TICKET. 



□ 



n 



For LteulenaQt-KnTproor, 



□ 



COUNTY TICKET. 



■ Senator, :'-ili Di-ln.-t, 



For Repreaentatn-o, 7M District, 



□ 
□ 



For Probate Judge, 



□ 



30 GENERAL ELECTION LAWS. 

Who to have charge of printing, etc. Sec. 44. For all 

general elections to which this act applies the county clerks in 
their respective counties shall have charge of the printing of the 
ballots, and the county commissioners shall have the letting of 
the contracts therefor. In counties of twenty thousand inhab- 
itants and less, the price paid for such ballots shall be ten dollars 
per thousand or fraction thereof in presidential election years, 
if there be not more than four tickets upon such ballots, and one 
dollar per thousand or fraction thereof for each additional ticket 
upon such ballots ; and the price shall be eight dollars per thou- 
sand or fraction thereof in all other years, if there be not more 
than four tickets upon such ballots, and one dollar per thousand 
or fraction thereof for each additional ticket upon such ballots. 
In counties over twenty thousand inhabitants, the price paid for 
such ballots shall be seven dollars per thousand or fraction 
thereof in presidential years, if there be not more than four 
tickets upon such ballots, and one dollar per thousand or fraction 
thereof for each additional ticket upon such ballot; and the 
price shall be five dollars per thousand or fraction thereof in all 
other years, if there be not more than four tickets upon such 
ballots, and one dollar per thousand or fraction thereof for each 
additional ticket upon such ballots. The price per thousand or 
fraction thereof for the ballots upon which the constitutional 
amendments and other propositions submitted to the voters are 
printed shall be four dollars : Provided, That in counties where 
less than one thousand ballots are to be printed the price paid 
shall be double the foregoing amounts per thousand. For all city 
elections the city clerk shall have charge of the printing of the 
ballots and the letting of the contract therefor, and the price paid 
for such ballots shall be six dollars per thousand or fraction 
thereof. Ballots shall be printed and put in the possession of the 
officer charged with their distribution at least five days before 
the election, accompanied by sufficient number, not to exceed 
fifty for each precinct, of exact copies of said ballots, printed 
on paper of any other color than white, for the inspection of 
candidates and their agents, and for distribution through each 



I \f 11 l riBS FOR \ " n \(.. 



31 



of the party organizations. If any mistakes be discovered they 
shall be corrected withonl delay. | Laws L903, ch. 229, § L] 

Voting-places; arrangement of booths. Sec. 1 5. It 
shall be the duty of the township trustees, and of the mayort 
and clerks of incorporated cities, to provide suitable places in 
which to hold all elections provided for in this act, and t< 
that the same arc warmed, lighted, and furnished with proper 
supplies and conveniences, including a sufficient number of 
booths, shelves, and soft black lead pencils, to enable the voter to 
prepare his ballot for voting, and in which voters may prepare 
their ballots screened from all observation as to the manner in 
which they do so. A guard-rail shall be so constructed and 
placed that only such persons as are inside such rail can ap- 
proach within six feet of the ballot-box and of such voting-booths. 
The arrangements shall be such that the voting-booths can be 
reached only by passing within such guard-rail. They shall be 
in plain view of the election officers, and both they and the 
ballot-boxes shall be in plain view of those outside of the guard- 
rail. Each of said booths shall have three sides inclosed, one 
side in front, to open and shut by a door swinging outward or to 
be inclosed with a curtain. Each side of each booth shall be 
seven feet high, and the door or curtain shall extend to within 
two feet of the floor, and said door or curtain shall be closed 
while the voter is preparing his ballot, and each of said booths 
shall be well lighted. Each booth shall be at least three feet 
square and shall contain a shelf at least one foot wide, at a con- 
venient height for writing. Xo person other than election offi- 
cers and challengers allowed by law, and those admitted for the 
purpose of voting as hereinafter provided, shall be permitted 
within the guard-rail, except by the authority of the election 
officers, to keep order and to enforce the law. The number of 
such voting-booths shall not be less than one to every sixty voters 
or fraction thereof, who voted at the last preceding general elec- 
tion within such precinct. .The expense of providing booths and 
guard-rails and other things required by this act shall be paid in 
the same manner as other election expenses. Said booths shall 



32 GEXEEAL ELECTION LAWS. 

be constructed of any material that will form a screen from 
public view and render the voter free from observation while 
marking his ballot : and said booths shall be deposited with the 
township trustee or city clerk to be preserved for future use. In 
all cases where it is not otherwise practicable, in precincts out- 
side of cities, elections may be held in public school buildings, 
and all damages to the buildings or furniture shall be a just 
claim against the township. [Gen. Stat. 1901. § 2713.] 

Ballot - box. Sec. 16. The trustees of each township shall 
cause to be provided, at the expense of the township, a ballot- 
box for each election district within his township which may be 
destitute of the same, and preserve it for the use of elections, 
and carry said ballot-box. with a copy of the laws containing 
this act. to the place or places of holding elections in his town- 
ship as often as it may be necessary to meet and vote for officers 
under this act. [Id.. § 2569.] 

Two or more boxes, when. Sec. -17. In all township 
and voting precincts outside of cities of the first and second 
class there shall be two ballot-boxes used, which shall be labeled 
"'for general ballot? " and *' for township ballots." respectively: 
in wards and precincts of cities of the first or second class. 
ballot-boxes which shall be labeled " for general ballots " shall 
be used, except that whenever city or ward officers are to be 
elected ballot-boxes shall be used which shall be labeled " for 
city ballots." When a constitutional amendment or other propo- 
sition or question is submitted to popular vote, an additional 
ballot-box shall be used. All additional ballot-boxes required 
by this act shall be provided by the respective cities and town- 
ships at the expense of such cities and townships. [Laws 1903. 
ch. 225. pan of § 3.] 

Automatic voting machines. Sec IS. On and after the 
passage of this act. the board of county commissioners of any 
county within the state may. at any regular or special meeting 
thereof, provide for the purchase and use of automatic ballot or 
voting machines in such county, or in one or more precincts 
thereof, at all general or primary elections held therein ; and it 



I \« ii I ill - FOB VOTING. 



33 



shall be lawful for the mayor and council of any city or the 
township board of any township within this state to determine 
upon the purchase and use of automatic ballol or voting machines 
at all genera] or primary elections to be held within said city 
or township or any one or more wards or precincts thereof; and 
thereupon such ballot or voting machine shall be used for the 
purpose of voting for all public officers to be elected by the 
voters of Baid county, city, township, ward, precinct or precincts 
thereof for which the same shall have been adopted, and upon 
all constitutional amendments, propositions or questions which 
may be lawfully submitted to such voters, and shall be used for 
the purpose of voting for all nominees or other officers at any 
primary election, and for registering and counting the ballots 
east at such election : Provided, however, That before any board 
of county commissioners, township board or mayor and council 
of any city shall order, contract for, purchase, agree to purchase 
or order the use of any automatic ballot or voting machine, said 
officers shall first test the same by every means within their 
knowledge, and shall satisfy themselves that the automatic ballot 
or voting machines proposed to be purchased are thoroughly re- 
liable and correct in their operation, easily understood, and 
cannot be fraudulently manipulated; and no automatic ballot 
or voting machine shall be adopted or used in this state at any 
election, general or primary, unless such ballot or voting machine 
is so constructed and can be operated as to insure the absolute 
secrecy of each voter's ballot and provided with mechanism 
which will automatically keep an accurate numerical register 
and account of all the votes cast at any election wherein said 
machine may be used, and which will also conceal and keep from 
view the number of ballots cast for any and all candidates bal- 
lotted for from the opening of the polls to the closing thereof: 
Provided, however, That nothing in this act contained shall be 
construed as compelling the use of any ballot or voting machine 
at any election of school officers in any city, village, town or dis- 
trict at which no other public officers are to be elected. [Gen. 
Stat. 1901, § 2778.] 
—3 



34 GENEKAL ELECTION LAWS. 

Sec. -±9. Xo automatic ballot or voting machine shall be pur- 
chased or contracted for unless it shall have the capacity to 
contain the tickets of at least seven political parties, with the 
names of the candidates thereon, and such as can be safely and 
conveniently nsed by at least two hundred voters in any one 
election district, ward or precinct during the time allowed for 
holding a general election therein, and which enables each voter 
to vote a straight ticket, and also enables each voter to select 
a ticket in part from the nominees of one party and in part 
from the nominees of another party or parties, or from inde- 
pendent nominees of persons not nominated by any political 
party, and absolutely prevents the voter from voting for the can- 
didates and propositions that such voter may not desire to vote 
for ; that said machine shall be so constructed that it may be 
used for both male and female voters in the same election, and 
register and show the public at all times the number of voters 
actually casting their votes at such election. [Id., § 2779.] 

Ballot-boxes to be emptied. Sec. 50. It shall be the 
duty of the judges of election, or one of them, immediately be- 
fore proclamation is made of the opening of the polls, to open 
the ballot-boxes in the presence of the people there assembled, 
and turn them upside down, so as to empty them of everything 
that may be in them, and then lock them securely, and they shall 
not be reopened until for the purpose of counting the ballots 
therein at the close of the election. [Id., § 2580.] 

Supply of ballots. Sec. 51. The officers so charged with 
the printing of said ballots* shall cause to be delivered to either 
of the judges of election, not less than twelve hours before the 
time fixed by law for the opening of the polls therein, one hun- 
dred ballots of the kind to be voted in such precinct for every 
fifty votes or fraction thereof cast therein at the last preceding 
general election for state officers in townships and township pre- 
cincts, and one hundred ballots for each fifty names on the regis- 
tration books in wards of cities of the first and second classes. 
Such ballots shall be put in separate sealed packages of fifty 

* See § 44 of this compilation. 



l Acil.ini S FOB VOTING. 



35 



ballots each, with marks on the outside clearly designating the 
polling-place for which they arc intended, and the number of 
ballots inclosed; and receipl therefor shall be given by the judge 
or judges of election to whom they arc delivered, which receipt 
shall be preserved by the officer charged with the printing of 
the ballots. The officer or authorities charged with the printing 
and distributing of the ballots shall provide and retain at his or 
their office an additional supply of ballots in excess of those dis- 
tributed to the several voting precincts equal to the number so 
distributed, and if at any time on or before the day of election 
the ballots furnished to any of the precincts shall be lost, de- 
stroyed or exhausted before the polls are closed, on written appli- 
cation signed by a majority of the judges of such precinct, or 
signed and sworn to by one of such judges, the county clerk shall 
immediately cause to be delivered to one of such judges at such 
polling-place such additional supply of ballots as may be re- 
quired, and sufficient to comply with the provisions of this act. 
TLaws 1903, ch. 229, § 1.] 

Cards of instruction. Sec. 52. The officer or officers 
whose duty it is to have the ballots printed shall prepare full 
instructions for the guidance of voters at such election, after 
obtaining ballots, as to the manner of marking them and the 
method of gaining assistance, and as to obtaining new ballots in 
place of those accidentally spoiled ; and they shall cause the 
same, together with copies of sections 22, 23, 24, 25, 26, 27, 
28, 29,* of this act, to be printed in large clear type, on cards, to 
be called cards of instruction; and such officer or officers shall 
furnish to the judges of election a sufficient number of such 
cards of instruction to enable the judges of election to comply 
with the provisions of this act. [Gen. Stat. 1901, § 2710.] 

Sec. 53. The judges of election shall cause not less than one 
of such cards to be posted in each voting-booth or apartment 
provided for the preparation of ballots, and not less than four of 
such cards to be posted in and about each polling-place upon the 
day of election. [Id., § 2711.] 

* Sections 70. 71, 66. 82, 83, 84, 59, 79, 54 and 27 of this compilation. 



36 GENERAL ELECTION LAWS. 

Penalty for destruction, etc. Sec. 54. Any person who 
shall, prior to any election, willfully destroy or deface any list 
of candidates posted in accordance with the provisions of this 
act, and who, during an election, shall willfully deface, tear 
down, remove or destroy any card of instruction, or specimen 
ballot, printed and posted for the instruction of voters, or who 
shall, during the election, willfully remove or destroy any of 
the supplies or conveniences furnished to enable voters to pre- 
pare their ballots, or shall willfully hinder the voting of others, 
shall upon conviction be punished by a fine of not less than ten 
dollars nor more than one hundred dollars, or by imprisonment 
in the county jail for not less than ten days nor more than thirty 
days, or by both such fine and imprisonment. [Id., § 272 1.] 

Election boards. Sec. 55. Election boards shall be com- 
posed of three judges and two clerks. The judges shall have 
charge of the ballots in their respective precincts, and furnish 
them to the voters as herein set forth. !No more than two judges 
and not more than one clerk shall belong to the same political 
party or organization, provided there be qualified voters belong- 
ing to other political parties who are willing to act as such judge 
or clerk. It shall be the duty of the mayor of each city of the 
first and second class, at least ten days before the day of election, 
to designate and appoint five persons in each voting precinct of 
such city, who shall be qualified voters of the precinct for which 
they are appointed, to act as judges and clerks of said election. 
Said mayor shall cause said judges and clerks to be notified in 
writing of their appointment, and they shall each appear before 
the clerk of said city at least one day before the day of election 
and take and subscribe an oath to faithfully and honestly per- 
form their duties as judges and clerks of the election. And 'it 
shall be the duty of the township trustee of each township, at 
least ten days before the day of election, to appoint and notify 
five persons for each voting precinct in his township to act as 
judges and clerks of said election, all to be qualified voters of the 
precinct for which they are appointed. One of said judges and 
one of said clerks to be appointed by said mayor and trustee as 



K.uil.i DIES I OB VOTING. 



37 



aforesaid shall be taken from the political party that polled the 

largest Dumber of votes in the state at the last state election for 
the etliee of governor, and one of Baid judges and one of said 

clerks from the political party that at said election cast the next 
highest number of votes for the office of governor. Said two 
judges and said two clerks shall be appointed by said mayor or 
trustee upon the recommendation of the chairman of the county 
central committees of said political parties, provided such there 
Provided, That, in the appointment of judges and clerks 
for city elections in cities of the first and second class, the mayor 
shall be governed by the recommendations of the chairmen of the 
city central committees of the several political parties. The 
third judge shall be selected and appointed by the mayor, by and 
with the consent of the city council, or by the township trustee, 
without such recommendations. And if any of said judges or 
clerks shall fail or refuse to appear and serve at the proper time 
and place, or for any cause are or become disqualified, then the 
electors present shall select from their number, viva voce, such 
persons from the political parties as herein designated to fill 
such vacancies, who shall take and subscribe the same oath pre- 
scribed for judges and clerks of election. Said judges shall 
designate one of their number whose duty it shall be to have 
charge of the ballots and to furnish them to the voters in the 
manner herein provided. All judges and clerks appointed by 
the township trustees as hereinbefore provided shall, at least one 
day before election, appear before such township trustees and 
take and subscribe an oath to discharge their duties as such 
judges and clerks faithfully and honestly, and said township 
trustee is hereby authorized to administer oaths for such pur- 
poses : Provided, In cities having a commissioner of elections, 
such commissioner shall in all cases select the judges and clerks 
of election in like manner as herein provided for the mayor and 
city council of other cities, upon the recommendation of the 
chairmen of the central committees of the several political par- 
ties, and such judges and clerks shall be notified and qualify, and 
vacancies shall be filled as hereinbefore provided. [Id., § 2712.] 



38 GENERAL ELECTION LAWS. 

Penalty for receiving illegal vote. Sec. 56. If any 

judge of the election shall knowingly receive or sanction the 
reception of a vote from any person not having all the qualifica- 
tions of an elector, prescribed by this act, or receive or sanction 
the reception of a ballot from any person who shall refuse to 
answer any question which shall be put to him in accordance 
with the provisions of this act, or shall refuse or sanction the 
refusal by any other judge of the board to which he shall belong, 
to administer either of the oaths or affirmations prescribed by 
the third [second] article of this act,* he shall upon conviction 
thereof be subject to the same punishment as is prescribed in 
section seventy-six [sixty-five]. f [Gen. Stat. 1901, §2638.] 

Fees of clerks and judges. Sec. 57. Clerks and judges 
of election shall receive the following fees, and no more : At the 
election when state, county, township and city officers are voted 
for, the sum of two dollars and fifty cents for the first two hun- 
dred and fifty votes or less, and an additional sum equal to one 
dollar for each additional hundred votes or major fraction 
thereof. [Id., § 2725.] 

Free from arrest. Sec. 58. All judges, clerks and voters 
shall be free from arrest, except for felony and breach of the 
peace, in going to, attending on, and returning from, elections. 
[Id, § 2634.] 

Electioneering prohibited. Sec. 59. No person what- 
ever shall do any electioneering or soliciting of votes on election 
day within any polling-place or within one hundred feet of such 
polling-place, No person shall interrupt, hinder or oppose any 

* The act referred to is the old election law, Gen. Stat. 1868, ch. 36, 
§§ 72, 73, 74, 75 and 78. 

f The section referred to is as follows. To what extent it is in force, 
others than the editor must decide. 

" If any officer, messenger or other person on whom any duty is en- 
joined by law, relative to general or special elections under this act, shall 
be guilty of any willful neglect of such duty, or of any corrupt conduct in 
the execution of the same, he shall upon conviction thereof be deemed guilty 
of a misdemeanor, and shall be punished by fine not exceeding five hundred 
dollars and by imprisonment not exceeding one year ; and if any officer shall 
be convicted as aforesaid, he shall be immediately removed from office." 
(Gen. Stat. 1901, §2636.) . 



I .Wll.l I'll -s b'OK VOTING 



39 



voter while approaching the polling-place for the purpose of 
voting. Whoever shall violate the provisions of this section 
shall upon conviction be punished by a fine of not less than 
twenty-five dollars nor more than one hundred dollars, or by 
imprisonment in the county jail not less than ten days nor more 
than thirty days, ox by both such fine and imprisonment, for 
each and every offense. It shall be the duty of the judges of 
election to enforce the provisions of this section. [Id., § 2719.] 
Officer failing to perform his duty liable. Sec. 60. 
Any public officer upon whom a duty is imposed by this act, who 
shall willfully neglect to perform such duties, or who shall will- 
fully perform it in such a way as to hinder the object of this act, 
or who shall disclose to anyone except as may be ordered by 
any court of justice, the contents of any ballot as to the manner 
in which the same may have been voted, shall upon conviction 
be punished by a fine of not less that [than] fifty dollars nor 
more than one thousand dollars, or by imprisonment in the 
penitentiary for not less than one year nor more than five years, 
or by both such fine and imprisonment. [Id., § 2723.] 



CHAPTZE IV. 

COXDUCTTS'G ELECTION 



VOTERS. 

Qualifications of elector. Szc. .:. Every white* male 
person, of # twenry-one years and npward, belonging to either of 
the following classes — who shall have resided in Kansas six 
months next preceding any election, and in the township or 
ward in which he offers to vote, at least thirty days next preced- 
ing snch election — shall be deemed a qualified elector : 

First. Citizens of the United States, 

Second. Persons of foreign birth who shall have declared their 
intention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. [Const-, art 5, 

Who not qualified, Sec. _ No person nnder guardian- 
ship, non compos mentis, or insane; no person convicted of 
felony, unless restored to civil rights; no person who has been 
dishonorably discharged from the service of the United States, 
unless reinstated; no person guilty of defrauding the govern- 
ment of the United States, or any of the states thereof; no 
person guilty of giving or receiving a bribe, or offering to give 
or receive a bribe : and no person who has ever voluntarily borne 
arms against the government of the United States, or in any 
manner voluntarily aided or abetted in the attempted overthrow 
of said government, except all persons who have been honorably 
discharged from the military service of the United States since 
the first day of April, 1S61. provided that they have served one 
year or more therein, shall be qualified to vote or hold office in 

* The word " white " was repealed by the fifteenth amendment to the 
Federal Constitution. 

(40) 



CON lUi I I TION. 



41 



rtato until such disability shall be removed l.y a law passed 
by a vote of two-thirds of all the members of both branch 
the Legislature. | [&, §2.]* 
Citizens in the military service and absent. Sec. 63. 

For the purpose of Voting, no person shall be deemed to have 
gained or lost a residence by reason of bis presence or absence 
while employed in the service of tbe United States, nor while 
engaged in the navigation of the waters of this state, or of the 
United States, or of the high seas, nor while a student of any 
seminary of learning, nor while kept at any almshouse or other 
asylum at public expense, nor while confined in any public 
prison ; and the legislature may make provision for taking the 
- of electors who may be absent from their townships or 
wards, in the volunteer military service of the United States, 
or the militia service of this state ; but nothing herein contained 
shall be deemed to allow any soldier, seaman or marine in the 
regular army or navy of the United States the right to vote. 
[Id., § 3.] 

-Proof of right. Sec. 64. The legislature hall pass such 
laws as may be necessary for ascertaining, by proper proofs, 
the citizens who shall be entitled to the right of suffrage herebv 
established. [Id., §4.] 

Rules determining residence of voter. Sec. 65. The 
j adges of election, in determining the residence of a person offer- 
ing to vote, shall be governed by the following rules, so far as 
they may be applicable : 

First, That place shall be considered and held to be the resi- 
dence of a person in which his habitation is fixed, and to which, 
whenever he is absent, he has the intention of returning. 

Second, A person shall not be considered or held to have lost 
his residence who shall leave his home and go into another state 
or territory, or county of this state, for temporary purposes 
merely, with an intention of returning. 

Third, A person shall not be considered or held to have gained 

* See prefatory note to post, § 103. See, also, as to public employes, 
post, § 137. 



42 GENERAL ELECTIOX LAWS. 

a residence in any comity of this state, into which he shall have 
come for temporary purposes merely, without the intention of 
making said county his home, but with the intention of leaving 
the same when he shall have accomplished the business that 
brought him into it. 

Fourth, If a person remove to any other state, or to any of 
the territories, with the intention of making it his permanent 
residence, he shall be considered and held to have lost his resi- 
dence in this state. 

F if ih. The place where a married man's family resides shall 
be considered and held to be his residence. 

Sixth, If a person shall go into another state or territory, 
and while there" exercise the right of suffrage, he shall be con- 
sidered and held to have lost his residence in this state. [Gen. 
Stat. 1901, § 2572.] 

Employes entitled to two hours to vote. Sec. 66. 
Any person entitled to vote at a general election in this state 
shall, on the day of such election, be entitled to absent himself 
from any service or employment in which he is then engaged or 
employed for a period of two hours, between the time of opening 
and closing the polls, and such voter shall not, because of so 
absenting himself, be liable to any penalty, nor shall deduction 
be made on account of such absence, from his usual salary or 
wages: Provided, however, That application for such leave of 
absence shall be made prior to the day of election. The em- 
ployer may specify the hours during which said employe may 
absent himself as aforesaid. Any person or corporation who 
shall refuse to an employe the privilege hereby conferred, or 
shall subject an employe to a penalty or deduction of wages 
because of the exercise of such privileges, or who shall in any 
manner attempt to influence or control such voter as to how he- 
shall vote, by offering any reward, or by threatening his dis- 
charge from employment, or otherwise intimidating him from a 
full and free exercise of his right to vote, or shall, directly or 
indirectly, violate the provisions of this section, shall be deemed 



CONDUCTING ELECTION. 



43 



iiuiliv of a misdemeanor, and be fined in any Bum doI Less than 
fifty nor more than one hundred dollar.-. | Id., § 2717. 1 

Electors privileged. Seo, 67. Electors, during their at- 
tendance at elections, and in going to and returning therefrom, 

shall be privileged from arrest in all cases except treason, felony. 
or breach <>t' the peace. | ( kmst., art. 5, § 7.] 

Falsely personating. Sec. 68. Any person who shall 
falsely personate any voter, and vote under the name of such 
voter, shall upon conviction be punished by confinement and 
hard labor not exceeding- three years. [Gen. Stat. 1901, § 2639.] 

VOTING. 

Manner of voting. Sec. 69. Any person desiring to vote 
in precincts where registration is required shall give his name 
and, if required, his residence, to the judges of election, one of 
whom shall thereupon announce the same in a loud and distinct 
tone of voice, and if such name be found on the register of 
voters, by the officer having charge thereof, he shall likewise 
repeat said name, and the voter shall be allowed to enter the space 
inclosed by the guard-rail as above provided. Any person de- 
siring to vote in any township or precinct outside of cities of the 
first or second class shall give his name and the number of the 
road district in which he is a voter before entering the inclosed 
space. The clerks shall thereupon place his name and number 
upon the poll-lists, and one of the judges, designated by the elec- 
tion board, shall give the voter one and only one of each ballot 
to be cast at such election, on the upper righ1>hand corner of 
each of which he shall have inscribed, with pen and ink, the 
number corresponding to the voter's number upon the poll-list, 
and the voter's name shall be immediately checked on the 
registry list. Upon all township ballots, the said judge of elec- 
tion shall also fill in with pen and ink the number of the road 
district in which the voter resides. At all elections where regis- 
tration is required, if the name of any person desiring to vote at 
such election be not found on the register of voters, he shall 
not receive a ballot. If any person desiring to vote at any elec- 



44 GENEBAL ELECTION LAWS. 

tion. shall be challenged, he shall not receive a ballot until he 
shall have established his right to vote, in the manner provided 
by law, bnt during the pendency of such challenge other voters 
shall be given ballots and be permitted to vote. Besides the 
election officers, not more than one voter in excess of the whole 
number of voting-booths provided shall be allowed in said in- 
closed space at one time. This section shall apply to and govern, 
where applicable, all persons desiring to vote in townships and 
precincts where registration is not required. In all cases the 
voter's number on the poll-list shall be marked upon his ballots 
before he receives them and be clipped therefrom before being 
deposited in the ballot-boxes, unless such voter shall have been 
challenged. [Id., § 2714.] 

Ballot, how prepared, etc. Sec. 70. On receiving his 
ballot, the voter shall forthwith and without leaving the inclosed 
space retire alone to one of the voting-booths, and without undue 
delay unfold and mark his ballot as hereafter described. Xo 
voter shall be allowed to occupy a booth already occupied by 
another, or to occupy a booth more than five minutes in case all 
the booths are in use and voters waiting to occupy the same. 
It shall not be lawful to make any mark upon an official ballot 
other than the cross-mark used for the purpose of voting, with a 
pencil having black lead, and that only in the circle at the top 
of the ticket or in the voting-squares at the right of the names of 
candidates, or to write anything thereon other than the name 
or names of persons not printed upon the ballot for whom the 
voter desires to vote, in the blank column under the appropriate 
title of the office, or to deface or tear a ballot in any manner, or 
to erase any printed device, emblem, figure, letter or word there- 
from, or to paste anything thereon, or for any person other than 
the voter to erase any mark or name written thereon by the 
voter. If a voter deface or tear a ballot or one of a set of ballots, 
or wrongly mark the same, he may successively obtain others, one 
set at a time and not exceeding three sets in all, upon returning 
each set of ballots so defaced, torn or wrongly marked to the 
judges. The voter shall observe the following rules in marking 



condu< riNG i Li* riON. 45 

hie ballots: ii) [f the voter desires to vote a straight ticket, 
that is, for each and every candidate of one party, for whatever 
office nominated, he may make a cross-mark in the circle at the 
head of the ticket for which he desires to vote and qo1 elsewhere 

on the ballot. In case of township tickets, such cross-mark in 
the circle at the head of the ticket shall be taken and held as a 
vote for the candidate for road overseer in the district corre- 
sponding to the number of the road district appearing on the 
fare oi' said ballot and for no other candidate for road overseer, 
i 2) If the voter desires to vote a mixed ticket, he shall not make 
—mark in the circle at the head of the ticket, but may make 
a cross-mark in the square at the right of the name of each can- 
didate for whom he desires to vote, on whatever ticket he may be. 
(3) If the voter desires to vote for any person whose name does 
not appear upon the ballot, he can so vote by writing the name 
with a pencil having black lead in the proper place in the blank 
column and making a cross-mark in the square at the right of the 
name. (4) In the case of a constitutional amendment or other 
proposition or question submitted to popular vote, the voter shall 
make a cross-mark in the square on the right of and after the 
answer " yes " or " no " which he desires to give thereto. Before 
leaving the voting-booth, the voter shall fold each of his ballots 
separately in such a manner as to conceal the name of the can- 
didates and the marks thereon, and so that the printed indorse- 
ment and the number thereon may be seen by the election board, 
and on leaving the booth the voter shall deliver each of said 
ballots to one of the judges of the election, who shall forthwith, 
and in the presence of the voter and of the election board, prop- 
erly clip the number therefrom and deposit the ballots in their 
respective ballot-boxes. In all township and voting precincts 
outside of cities of the first and second class there shall be two 
ballot-boxes used, which shall be labeled "For general ballots" 
and "For township ballots," respectively; in wards and pre- 
cincts of cities of the first or second class, ballot-boxes which 
shall be labeled "For general ballots" shall be u^(m}. except that 
whenever city or ward officers are to be elected ballot-boxes shall 



46 GENERAL ELECTION LAWS. 

be used which shall be labeled " For city ballots." When a con- 
stitutional amendment or other proposition or question is sub- 
mitted to popular vote, an additional ballot-box shall be used. 
All additional ballot-boxes required by this act shall be provided 
by the respective cities and townships at the expense of such 
cities and townships. If a voter shall be challenged and shall 
vote after having been sworn the second time, as now provided 
by law, the number of the ballot as indorsed thereon by the elec- 
tion judges shall not be clipped therefrom. Xo voter not an elec- 
tion officer shall, after having voted, be allowed to enter said 
inclosed space during the election. Xo person shall take or re- 
move any official ballot from the polling-place before the polls 
are closed. Xo voter shall vote or offer to vote any ballot except 
such as he has received from the judges of election in charge of 
the ballots. Any voter who, after receiving an official ballot, de- 
cides not to vote, shall, before returning from within the guard- 
rail, so notify the election officers and surrender to them all the 
official ballots which have been given him ; and a refusal to 
surrender such ballots shall subject the person so offending to 
immediate arrest and the penalties affixed in § 27 of the act of 
which this act is amendatory.* [Laws 1903, ch. 228, § 3.] 

Judges to assist voters, when. Sec. 71. Any voter who 
may declare, upon oath, that he cannot read the English lan- 
guage, or that, by reason of any physical disability, he is unable 
to mark his ballot, shall, upon request, be assisted in marking 
his ballot by two of the election officers of different political 
parties, to be selected from the judges and clerks of the precinct 
in which they are to act, to be designated by the judges of elec- 
tion of each precinct at the opening of the polls. Such officer 
shall mark the ballot as directed by the voter, and shall thereafter 
give no information regarding the same. The clerks of elections 
shall enter upon poll-lists, after the name of any elector who re- 
ceived such assistance in marking his ballot, a memorandum of 
the fact. Intoxication shall not be regarded as a physical disa- 

* Sec. 79 of this compilation. 



( oMHTCTING ELECTION. 



47 



bility, and no intoxicated person shal] be entitled i<> assistance in 
marking his ballot [Gen. Stat. L901, § 2716.] 
When vote is challenged, judge shall proceed how. 

72. It" a person offering t«> vote is challenged as unqualified 
by one of the judges of election, or by an elector, one of the 
judges shall tender to him the following oath or affirmation: 

"You do solemnly swear (or affirm) that von will fully and 
truly answer all such quest ion- as shall be put to you, touching 
your place of residence and qualification of an elector at this 
election." 

First. If the person be challenged as unqualified on the 
ground that he is not a citizen, the judges, or one of them, 
shall put the following questions: 1. Are you a citizen of the 
United States '. -2. Are you a native or a naturalized citizen, 
and if neither, have yon declared your intention to become a 
citizen, conformably to the laws of the United States on the sub- 
ject of naturalization ? 3. Have you become a citizen of the 
United States by reason of the naturalization of your parents, or 
one of them ? U Where were your parents, or one of them, 
naturalized '? If the person offering to vote claims to be a 
naturalized citizen of the United States, or that he has declared 
his intention to become such, he shall state under oath, where 
and in what court he was naturalized. 

Second.. If the person be challenged as unqualified on the 
ground that he has not resided in this state for six months im- 
mediately preceding the election, the judges, or one of them, 
shall put the following questions: 1. Have you resided in this 
state for six months preceding this election ? 2. Have you been 
absent from this state within six months immediately preceding 
this election ? . 3. If so, when you left, was it for a temporary 
purpose, with a design of returning, or did you intend remain- 
ing away I 4. Did you, while absent, look upon and regard this 
state as your home ? 5. Did you, while absent, vote in any 
other state or territory \ 

Third. If the person is challenged on the ground that he is 
not a resident of the township or ward where he offers to vote, 



48 GENERAL ELECTION LAWS. 

the judges, or one of them, shall put the following questions : 
1. When did you come into this township or ward ? 2. When 
you came into this township or ward, did you come for a tem- 
porary purpose merely, or for the .purpose of making it your 
home? 3. Have you been, for the last thirty days, an actual 
resident of this township or ward ? 

Fourth. If the person be challenged as unqualified on the 
ground that he is not twenty-one years of age, the judges, or 
one of them, shall put the following question : Are you twenty- 
one years of age, to the best of your knowledge and belief? 
The judges of election, or one of them, shall put all such other 
questions to the person challenged under the respective heads 
aforesaid, as may be necessary to test his qualifications as an 
elector at that election. [Id., § 2573.] 

Reject vote, when. Sec. 73. If the person challenged, as 
aforesaid, shall refuse to answer fully any question which shall 
be put to him as aforesaid, the judges shall reject his vote. 
[Id., §2574.] 

Further duty of judge. Sec. 74. If the challenge be not 
withdrawn, after the person offering to vote shall have answered 
the questions put to him as aforesaid, one of the judges of elec- 
tion shall tender to him the following oath : " You do solemnly 
swear (or afiirm) that you are a citizen of the United States (or 
declared your intention to become such), of the age of twenty- 
one years; that you have been an inhabitant of this state for 
six months next preceding this election ; that you have been, for 
the last thirty days, and now are, an actual resident of this town- 
ship (or ward) ; and that you have not voted at this election." 
[Id., § 2575.] 

Vote to be rejected. Sec. 75. If any person shall refuse 
to take the oath or affirmation so tendered, his vote shall be 
rejected: Provided, That after such vote shall have been taken, 
the judges may, nevertheless, refuse to permit such person to 
vote, if they shall be satisfied, from record evidence, or other 
legal testimony, adduced before them, that he is not a legal 
voter; and thev are herebv authorized to administer the neees- 



CONDUCTING BLE< flON. 



4\) 



sarv oaths or affirmations to all witnesses brought before them 
to testify to the qualifications of a person offering to rote. 

i ill.. § 2576.] 

Not entitled to privileges of elector. Sec. 76. No 
person shall be entitled bo the privileges of an elector of the 
state of Kansas who shall refuse to take an oath to support and 
defend the constitution and government of the United States 
and the constitution and government of this state. [Id., § 2577. | 

Duty of clerks. Sec. 77. Whenever any person's vote 
shall be received, after having- taken the oath prescribed in the 
twenty-first [twelfth] section of this act, or the oath of alle- 
giance, it shall be the duty of the clerks of the election to write 
on the poll book, at the end of such person's name, the word 
" Sworn." [Id., § 2578.] 

Judge shall challenge. Sec. 78. It shall be the duty of 
each judge of election to challenge any person offering to vote, 
whom he shall know or suspect not to be qualified as an elector. 
[Id., § 2579.] 

Penalties for certain offenses. Sec. 79. Any person 
who shall, except as herein otherwise provided, mark or fold 
his ballot so that it can be distinguished, or allow his ballot to 
be seen by any person with an apparent intention of letting it 
be known how he is about to vote, or who shall make a false 
statement as to his inability to mark his ballot, or who shall 
interfere or attempt to interfere with any voter when inside said 
inclosed space or when marking his ballot, or who shall en- 
deavor to induce any voter before voting, to show how he marks 
or has marked his ballot, or who shall place upon or induce any 
person to place upon his or any ballot, any character or mark 
for the purpose of identifying said ballot, or any judge who, in 
clipping the poll-list number from any ballot, or in affixing his 
initials to any ballot shall use any mark or means whereby any 
ballot may be identified, shall upon conviction be punished by 
a fine of not less than twenty-five dollars nor more than one 
hundred dollars, or by imprisonment in the county jail not less 
than ten days nor more than thirty days, or by both such fine 



50 GENERAL ELECTION LAWS. 

and imprisonment ; and it shall be the duty of election judges to 
enforce the provisions of this section. [Id., § 2720.] 

COUNTING TOTES. 

Candidates in room. Sec. 80. The judges of election 
shall, if requested, permit the respective candidates, or one or 
more, not exceeding three, of their friends, to be present in the 
room where the judges are during the time of receiving and 
counting the votes. [Id., § 2581.] 

Poll books to be signed. Sec. 81. At the close of the 
polls, the poll books shall be signed by the judges, and attested 
by the clerks, and the names therein contained shall be counted, 
and the number set down at the foot of the poll books, in the 
manner hereinafter provided in the form of the poll books. 
[Id., § 2582.] 

Time of counting. Sec. 82. As soon as the polls are 
closed the election board shall canvass the votes, and not ad- 
journ or postpone the canvass thereof until it shall be fully 
completed. They shall begin with the general ballots, and com- 
plete the canvass thereof and announce the results of such can- 
vass before proceeding with the canvass of other ballots. [Laws 
1903, ch. 228, part of § 4.] 

Method of counting. Sec. 83. The method of counting 
shall be as follows : The ballot-box shall be opened and the 
tickets taken out one at a time by the judges of the election. 
If the ballot be a straight one, he shall announce that fact and 
name the ticket voted for thereon, and each clerk shall make one 
tally opposite the proper designation at the top of his tally-sheet. 
If the ballot be a mixed one, the judge shall announce the vote 
for each candidate on such ballot, and each clerk shall make an 
accurate tally of the same opposite the names of the candidates 
on his tally-sheet. Void and blank ballots shall be announced 
by the judge, and each clerk shall make one tally for each such 
ballot opposite the proper designation at the top of his tally-sheet. 
The same method shall be observed in respect to each ticket in 
the ballot-box until the number of tickets taken out of the ballot- 



i ON DUCTING ELECTION. 



51 



quale the number of names upon the poll-books. When the 
count is completed, the number of straight party votes for each 
candidate shall be entered in gross, in figures, opposite his name 
on each tally-sheel by each clerk, to which shall be added the 
number of votes received by each candidate on mixed tickets, and 
the sum thereof shall be written in the proper column on his 
tally-sheet by each clerk. In canvassing township tickets, the 
- for road overseers shall be announced and tallied separately 
as each ballot, whether straight or mixed, is counted. As soon 
as the count is completed, the clerks shall submit the result to 
the judges for inspection, and if found correct, the result shall 
be publicly announced by one of the judges. If requested during 
the canvass by any candidate or his representative, the judge 
shall exhibit any and all ballots counted to him, fully opened 
and in such condition that he may fully and carefully read and 
examine the same, but they shall not allow any such ballot to be 
taken from their hands. [Id., part of § 4.] 

Validity of ballots. Sec. 84. In canvassing the votes, 
and in all election contests, the following rules, in addition to the 
other provisions of this act, shall be observed : One line crossing 
another line at any angle within a circle or voting square shall 
be deemed a valid voting mark. Any ballot upon which there 
shall be found a cross-mark outside any circle or voting square, or 
upon which there shall be found any other mark than the cross- 
mark used for the purpose of voting, or upon which shall be 
found a cross-mark in a circle at the head of the ticket and also 
in one or more squares after the names of candidates on the 
ballots, unless the cross-mark shall appear in each square after 
the name of each candidate in the same column indicated by the 
cross-mark at the head of the ticket, or upon which there shall be 
found a cross-mark in two or more circles at the head of different 
tickets, or upon which a name or names have been written other- 
wise than as heretofore provided, or upon which the voter has 
marked more candidates than there are persons to be elected to 
an office, or any ballot which has been defaced or torn by the 
voter, or from which there shall have been erased any device, 



52 GENERAL ELECTION EAWS. 

emblem, figure, letter, word, or any ballot which shall have been 
marked by or written upon with other than a pencil having 
black lead, shall be wholly void and no vote thereon shall be 
counted. Xo ballots other than those provided, printed and 
indorsed in accordance with the provisions of this act shall be 
delivered to a voter, deposited in the ballot-box, or counted. 
[Id... §4.] 

Stringing, sealing and returning ballots. Sec. 55, 
When counting the ballots, the judge of election who takes the 
ballots out of the ballot-boxes shall, after announcing the votes 
thereon, deliver the same to the second judge, who shall examine 
the same and pass it to the third judge, who shall fold and string 
closely upon a flexible wire or cord all ballots which have been 
counted, except those marked "objected to," unite the ends of 
such wire or cord in a firm knot, seal the knot with sealing-wax 
in such a manner that it cannot be untied without breaking the 
seal, inclose the ballots so strung in an envelope and securely 
seal such envelope with sealing-wax. in such a manner that it 
cannot be opened without breaking the seal, and shall return such 
ballots, together with the ballots contained in the envelope 
marked •'•'blank," ••'void." and "objected to."' to the officer from 
whom they were received. 

Ballots not counted, or objected to. Sec. 86. Ballots 
that are not counted shall be marked " blank " or ••void." as the 
case may be. on the backs thereof. Ballots that are counted 
(notwithstanding objections made thereto) shall be marked "ob- 
jected to " on the back thereof, and a memorandum stating how 
each such ballot was counted shall be written on the back thereof 
and be signed by the judges : and all ballots marked " blank.'' 
"void' v or "objected to" shall be inclosed in one envelope, 
securely sealed, and so marked and indorsed as to clearly disclose 
its contents. [Id., § 4.] 

Ballots unused, or spoiled. Sec. 87. All ballots not used 
and all that have been spoiled by the voter while attempting to 
vote shall be returned by the judges of the election to the officer 
from whom they were received, and a receipt taken therefor. 



CONDI CTING mi< TION, 



53 



Such officer shall keep a record of the number of ballets deliv- 
ered for each polling-place, tin* name of the person to whom 
and the time when delivered, and shall enter upon such record 
the number and character of the ballots returned, with the time 
when and the person by whom they arc returned. | Id., § 4.] 

Where voting machines are used. Sec. 88. As soon 
as the polls arc closed the ballot or voting machine shall be 
locked against further operation, and the recording mechanism 
exposed in the presence of the watchers and all other persons 
who may be lawfully within the room or voting-place, giving 
full view of the dial numbers, showing votes cast for each 
candidate, and for or against the various amendments and 
propositions submitted, and the judges shall then publicly 
announce the total vote for each candidate and for and against 
the amendments and propositions. Before leaving the voting- 
place, the judges shall make and sign statements of returns of 
such election as are now required by law as far as applicable to 
an election conducted with automatic ballot or voting machines. 
The written statements or returns so made, after having been 
signed by the judges, shall be distinctly read in the presence and 
hearing of all persons present, and ample opportunity given to 
compare the result so certified with the counter dials of the 
machine ; after such comparison and correction, if any is made, 
the judges shall then close the voting machine and securely lock 
the same in its closed position. [Gen. Stat, 1901, § 2781.] 

Certain ballots not to be counted. Sec. 89. That all bal- 
lots or votes cast at any election for any person holding the office 
of judge of the district court, or of justice of the supreme conrt, 
except for a judicial office, shall be deemed and held to be void, 
and shall not be counted by the judges and clerks at any election, 
nor by any canvassing board, nor shall any record of the same be 
made by any canvassing board, nor any certificate of election 
issued thereon. [Id., § 2692.] 

Sec. 90. Any person violating the provisions of this act shall 
be deemed and held to be guilty of a misdemeanor, and on con- 
viction thereof shall be imprisoned in the county jail not less 
than three nor more than six months. [Id., § 2693.] 



CHAPTER V. 

VOTES OF SOLDIERS AND OF INMATES 
OF SOLDIERS' HOMES. 



VOTE OF PERSONS IN MTLITARY SERVICE. 

Soldiers may vote, etc. Sec. 91. It shall be lawful for 
qualified electors of Kansas who may, on the occurrence of any 
annual election, be absent from their township or ward, em- 
ployed in the militia or volunteer service of the state or the 
United States, to vote for county, district or state officers, mem- 
bers of the legislature, and for members of congress, and elect- 
ors or president and vice-president of the United States, at the 
places where they may be stationed on the day of such election, 
under regulations hereinafter prescribed. [Gen. Stat. 1901, 
§ 2604.] 

Poll books and tally sheets. Sec 92. It shall be the 
duty of the secretary of state to prepare poll books and tally 
sheets, to be used at elections held under the foregoing section. 
The poll books shall contain the necessary headings and blanks, 
and be ruled into columns so as to show : First, The number of 
electors in the order in which they present themselves at the 
polls; second, the name of the elector; third, the regiment and 
company of which he is a member ; fourth, the precinct, county 
and representative district of which he is a resident : and, 
fifth, a column for remarks by judges and clerks of elections. 
The tally sheets shall contain a complete list of the organized 
counties of the state, with the names of the precincts and the 
number of the representative districts in each county, with 
space opposite the name of each precinct to write the names of 
at least two candidates for each office to be filled at the election, 

(54) 



\ oil ^ OF SOLD] i EtS. 55 

and on each «>t" said tally slieets the proper printed note-, direct- 
ing the manner of using ami returning the same. [Id., § 2005. J 

Duplicate copies.' 8bo. 93. The governor shall employ 
BOme suitable person, whoso duty it shall be to deliver to the 
commandants of Kansas regiments, or to the commandants of 
battalions, companies or squads, necessarily separated from the 
regiments to which they properly belong, at least ten days prior 
to each general election aforesaid, duplicate copies of the poll 
books and tally sheets herein provided for, and to distribute 
among the officers and men printed copies of this act : Provided, 
That in cases where regiments or subdivisions of regiments are 
located outside of the state, the governor shall transmit such 
poll books, tally sheets and printed matter by mail or express, 
or such other means as will be most economical to the state, 
and at the same time afford reasonable certainty that the persons 
for whom they are intended will receive the same. [Id., § 2606.] 

Elections by regiments. Sec. 94. All elections held un- 
der the provisions of this act shall, as nearly as possible, be by 
regiments; but where portions of two or more regiments are 
stationed at the same place, they shall vote at the same polls. 
[Id., §2607.] 

Place of holding election. Sec. 95. The commandant 
of the regiment, or the officer in command of the battalion, com- 
pany or squad, whose vote is to be taken, shall, on the morning 
of the election day, appoint some convenient and suitable place 
for holding the election. At the time and place of opening the 
polls, the electors shall elect, by viva voce vote, three judges and 
two clerks of election, who shall, before receiving any votes, sev- 
erally take and subscribe the oath hereinbefore provided to be 
taken by judges and clerks of election, which oath may be ad- 
ministered by any commissioned officer of such regiment, bat- 
talion or company, who shall attach his certificate thereto. 
[Id., § 2608.] 

Provisions of article 2. Sec. 96. The provisions of ar- 
ticle 3 [2] of this chapter,* relative to the opening of polls, 

* Ch. 36, Gen. Stilt. 1901. 



56 GENERAL ELECTION LAWS. 

the manner of keeping the ballot-box and testing the qualifica- 
tions of electors, so far as the same are applicable, shall be ap- 
plied to the taking of the votes of soldiers absent from their 
precincts. [Id., § 2609.] 

Ballot; duty of judges and clerks. Sec. 97. Each 
elector shall, in full view, deliver to one of the judges of the 
election a single ballot or piece of paper, on which shall be 
written or printed, or partly written and partly printed : First, 
The county, township or ward and representative district of 
which he is a resident; and, second, the company and regi- 
ment of which he is a member — all of which shall be exposed. 
The ballot shall also contain the names of the persons voted 
for as above, with designation of the office which each is in- 
tended to fill, which may be exposed or concealed, at the option 
of the elector, but if concealed, the judges shall not inspect it. 
The judges shall announce, in an audible voice, the name of the 
elector, his residence and his company and regiment, as set forth 
on his ballot, and if no objection be made, and the judges are 
satisfied that he is a qualified elector, as represented by his 
ballot, the clerks shall set down, in the proper columns, the num- 
ber of the vote, the name of the voter, with his company and 
regiment, together with the county, township or ward, and num- 
ber of the representative district of which he claims to be 
an elector, and the judges shall deposit it in the ballot-box. 
[Id., §2610.] 

Provisions of article 2, etc. Sec. 98. The provisions 
of article 3 [2] of this chapter,* relative to the authentication 
of the poll books, the opening of the ballot-box, the counting of 
the ballots, the preservation of the same, the making up and 
certification of the tally sheets, and all other provisions of said 
article, which are in their nature applicable, shall be complied 
with by judges and clerks of election chosen under this article. 
[Id., § 2611.] 

Poll books and tally sheets. Sec. 99. It shall be the 
duty of judges to attach together, wrap up and seal securely, 

* Chapter 36, Gen. Stat. 1901. 



VOTES OF SOLDIERS. 



57 



a certified copy of the pol] booka and bally sheets, and indorse 
thereon, "A certified copy of an election of citizens of Kansas, 
in tin- military service, held at , on the day of , 

A. D. " and to direct and forthwith transmit the same, by 

mail, to the secretary of state, at the state capital. The origi- 
nal poll book and rally sheet shall be similarly attached together, 
wrapped »p and indorsed, and, with the ballots, shall be retained 
by one of the judges, to be forwarded to the secretary of state, in 
the event of the loss of the copy first transmitted. [Id., § 2612.] 

Duty of secretary of state. Sec. 100. It shall be the 
duty of the secretary of state, on receipt of any returns of an 
election held pursuant to this article, to open the same and 
record all votes cast for state officers, members of congress or 
electors of president and vice-president of the United States, to 
the respective candidates for whom they were given, and to file 
the records away in his office; and it shall be his duty, on or 
before the second Monday in December, to transmit to the 
county clerk of each county a certified abstract of all the votes 
polled for county officers by citizens of such county in military 
employ, together with the township or ward or representative 
district of which they were residents, as appears by the official 
records of his office. [Id., § 2613.] 

Duty of commissioners. Sec. 101. Whenever there shall 
be qualified electors of the county absent from their voting 
precincts in the military service on the day of any general elec- 
tion, the board of county commissioners shall meet at the office 
of the county clerk, at 10 o'clock a. m., on the third Monday in 
December next after such election, and shall then proceed to 
open and count the returns of votes given for county officers, 
including the vote certified by the secretary of state to have 
been polled for such county officers by absent electors in the 
military service, and "shall be governed in such canvass by the 
provisions of article 4 [3] of this chapter.* [Id., § 2614.] 

* The reference is to the provisions in the old law for canvassing the 
vote; a subject not embraced in this compilation. See preface. 



58 GEXEKAL ELECTION" LAWS. 

Who qualified. Sec. 102. No one shall be permitted to 
vote under the provisions of this article who was not, at the time 
of his employment in the military service, a qualified elector 
under the laws of Kansas, in the township or ward where he 
claims to have his vote counted. [Id., § 2615.] 

INMATES OF SOLDIERS' HOMES. 

STATE SOLDIEES' HOME, DODGE CITY. 

[In 1897 the Supreme Court decided (Lawrence v. Leidigh, 58 Kan. 594) 
that " section 3, article 5 of the Constitution disables persons kept at any 
asylum at public expense from acquiring a residence there for voting pur- 
poses " ; and that therefore the inmates of the State Soldiers' Home at 
Dodge City " who have removed there from other parts of the State, are 
disqualified from participating in the elections " held in Ford county. But 
in October, 1903, this decision was overruled {Cory v. Spencer, 73 Pac. Rep. 
920) as an erroneous interpretation of the constitutional provision; and it 
was held that the true meaning of the Constitution is, that the mere fact 
that one has become an inmate of a public eleemosynary institution has 
nothing to do with his residence for voting purposes; that, as to each 
particular voter, is, whether in becoming an inmate of the institution he 
intended to make it his permanent home. If so, then, no matter if he 
came from another'State, if he has remained at the institution long enough 
and is otherwise qualified, he is a voter of the precinct in which the insti- 
tution is located precisely as if he had been living there in his own home. 
Otherwise, he remains a voter of the precinct whence he came. In short, 
the public institution may be viewed, for this purpose, as if it were a 
hotel. The man is there, is living there, and the sole question is whether he 
meant in coming there to make that precinct his permanent home. 

This being so, the following laws as to Soldiers' Homes are valid as to 
inmates who have not come to the Homes intending to reside there perma- 
nently; but no inmate who has come with the intention of making the in- 
stitution his permanent home has any right to vote at elections held under 
these laws; he is to vote where he is, as a voter there, under the general 
laws and the Constitution. The act of 1901, printed after the two " Homes " 
laws below, giving inmates of the Leavenworth Home the right to vote in 
Leavenworth county, is, therefore, void as to inmates not intending to make 
the Home their permanent residence, and is useless to all others; but it is 
inserted because it exists.] 

May vote. Sec. 103. It shall be lawful for qualified elec- 
tors of Kansas who may on the occurrence of any annual elec- 
tion be absent from their township or ward, by reason of being 
legally admitted inmates of the State Soldiers' Home in Kan- 
sas, to vote for county, township, district and state officers, 



VOTES OF sol. mi RS. 



59 



members of the Legislature, and for members of congress and 
electors of president and vice-presiden1 of the (United States, at 
sai»l State Soldiers' Home, on (lie day of such election, under 
regulations hereinafter prescribed: Provided, That no inmate 
of said State Soldiers' Home who was an elector of the county 
in which said State Soldiers' Home is located at the time of his 
admission to said State Soldiers' Home shall be permitted to 
vote under any of the provisions of this act: Provided, That the 
inmates of State Soldiers' Home shall be exempt from registra- 
tion as required by law in the cities. [Id., § 2616.] 

Duties of secretary of state. Sec. 104. It shall be the 
duty of the secretary of state to prepare poll books and tally 
sheets to be used at elections held under the foregoing section. 
The poll books shall contain the necessary headings and blanks, 
and be ruled into columns so far as to show : First, The number 
of electors, in the order in which they present themselves at the 
polls. Second, The name of the elector. Third, The precinct 
or township, county and representative district of which he was 
a resident at the time of his admission as an inmate of said 
State Soldiers' Home. Fourth, A column for remarks by judges 
and clerks of the election. The tally sheets shall contain a 
complete list of the organized counties of the state, with the 
names of the precincts and the number of the representative 
districts in each county, with space opposite the name of each 
precinct to write the names of at least two candidates for each 
office to be filled at the election, and on each of said tally sheets 
the proper printed notes directing the manner of using and re- 
turning the same. [Id., § 2617.] 

Sec. 105. At least ten days prior to each annual election 
aforesaid, it shall be the duty of the secretary of state to trans- 
mit the poll books, tally sheets, herein provided for, and the 
usual cards of instruction, by mail or express or such other 
means as will be most economical to the state, to the command- 
ant of said State Soldiers' Home. Such transmittal shall be 
under seal, secure from observation, and the commandant of 
said State Soldiers' Home shall deliver said poll books, tally 



60 GENEEAL ELECTION LAWS. 

sheets and printed matter to the judges of election as herein- 
after provided. [Id., §2618.] 

Duty of county clerks. Sec. 106. It shall be the duty 
of the clerk of any county, any of whose qualified electors are in- 
mates of said State Soldiers' Home, to transmit, under seal, by 
mail or express, to the commandant of said State Soldiers' 
Home, a sufficient number of ballots, allowing at least three 
ballots for each qualified elector of such county who may be an 
inmate of said State Soldiers' Home, and it shall be the duty 
of said commandant to deliver said ballots to the judges of said 
election, as hereinafter provided. [Id., § 2619.] 

Election officers. Sec. 107. The commandant of said 
Soldiers' Home shall, on the morning of the election day, ap- 
point some convenient and suitable place for holding the elec- 
tion. At the time and place of opening the polls, the electors 
shall elect, by viva voce vote, three judges and two clerks of 
election, who shall before receiving any votes severally take and 
subscribe the oath or affirmation provided by law to be taken by 
judges and clerks of election, which oath may be administered 
by any person authorized by law to administer oaths. Immedi- 
ately upon said judges and clerks having been sworn as herein 
provided, the commandant of said State Soldiers' Home shall 
deliver to the judges of said election the poll books, tally sheets, 
ballots and printed matter that he may have received from the 
secretary of state and the various county clerks under the pro- 
visions of this act. [Id., § 2620.] 

Manner of voting. Sec. 108. Each elector shall before 
delivering his ballot to one of the judges announce his name, 
the county, township or ward and representative district of 
which he is a resident, all of which shall be entered on the poll 
book opposite the elector's name. The judge shall announce in 
an audible voice the name of the elector and his residence as 
given by him, and if no objection be made, and the judges are 
satisfied that he is a qualified elector, as represented by him, 
the clerks shall write in the proper column the name of the 
voter, with the county, township or ward, and number of the rep- 



VOT1 - "1 SOLDIKKS. 



61 



resentative district of which be claims to be an elector, and the 
judges shall depoeil his ballol in the ballot-box. [Id., §2621.] 

Si ( . L09. The provisions of the general election law's of the 
state relative to opening and closing of the polls, testing the 
qualifications of the electors, the authentication of the poll 
books, the opening of the ballot-box, the counting of the ballots, 
and all other provisions of the general election laws of the state 
which are in their nature applicable, shall be applied to elections 
held under this act. [Id., § 2622.] 

Judges to transmit returns. Sec. 110. It shall be the 
duty of the judges to attach together, wrap up and seal securely 
a certified copy of the poll books and tally sheets, and indorse 
thereon, "A certified copy of an election of citizens of Kansas 
who are inmates of the State Soldiers' Home at said State Sol- 
diers 7 Home on the — day of , A. D. ," and to direct 

and forthwith transmit by mail to the secretary of state, at the 
state capital. The original poll books and tally sheets shall be 
similarly attached together, wrapped up and indorsed, and, with 
the ballots, shall be retained by one of the judges, to be for- 
warded to the secretary of state in the event of the loss of the 
copy first transmitted. [Id., § 2623.] 

Secretary of state to record votes. Sec. 111. It shall 
be the duty of the secretary of state, on receipt of any returns 
.of any election held pursuant to this act, to open the same and 
record all votes cast for state officers, members of congress, or 
electors of president or vice-president of the United States to 
the respective candidates for whom they were given, and to file 
the records away in his office; and it shall be his duty, on or 
before the first Monday after such election, to transmit to the 
county clerk of each county a certified abstract of all the votes 
polled for county and township officers by citizens of such 
county who are inmates of the State Soldiers' Home, together 
with the township or ward or representative district of which 
they were residents, as appears by the official records of his 
office. [Id., §2624.] 



62 GENERAL ELECTION LAWS. 

Vote, how canvassed. Sec. 112. Whenever there shall 
be qualified electors of the county absent from their voting pre- 
cincts who are inmates of the State Soldiers' Home on the day 
of any general election, the board of county commissioners shall 
meet at the office of the county clerk at 10 o'clock a. m. on the 
second Friday next after such election, and shall then proceed to 
open and count the returns of votes given for county and town- 
ship officers certified by the secretary of state to have been polled 
for such county officers by absent electors, inmates of the State 
Soldiers' Home, and shall be governed in such canvass by the 
general laws of the State of Kansas applicable in such case: 
Provided, That the inmates of the State Soldiers' Home shall 
be exempt from registration as required by law in the cities. 
[Id., § 2625.] 

Who qualified. Sec. 113. No person shall be permitted 
to vote under the provisions of this act who was not at the time 
of his admission as an inmate of said State Soldiers' Home a 
qualified elector under the laws of Kansas in the township or 
ward where he claims to have his vote counted. [Id., § 2626.] 

Booths, etc. Sec. 114. The booths, ballot-boxes and other 
things necessary for the holding of elections under this act shall 
be furnished by and be the property of the state, and when not 
in use the ballot-boxes and booths shall be preserved and cared 
for by the quartermaster of said Soldiers' Home. [Id., § 2627.] 

NATIONAL SOLDIERS' HOME, LEAVENWORTH. 

May vote. Sec. 115. It shall be lawful for qualified elec- 
tors of Kansas who may, on the occurrence of any annual elec- 
tion, be an inmate, employe or officer of the western branch of 
the Soldiers' Home, at Leavenworth, Kansas, to vote for any 
township, county, district or state officers, members of the 
legislature, for members of congress, and electors of president 
and vice-president. [Session Laws 1901, ch. 179, §1.] 

Duties of Secretary of State. Sec. 116. It shall be the 
duty of the secretary of state to prepare poll books and tally 



votks OF SOLDI i RS, 



63 



sheets to be used at elections held under the foregoing section. 
The poll books shall contain the necessary headings and blanks, 
and be ruled into columns so as to show: First, the number of 

electors, in the order in which they presenl themselves at the 

polls: second, the name of the elector; third, the precinct, 
county and representative district of which he is a resident; 
and fourth, a column for remarks by judges and clerks of elec- 
tion. The tally sheets shall contain a complete list of the or- 
ganized counties of the state, with the names of the precinct and 
the number of representative districts in each county, with space 
opposite the name of each precinct to write the names of candi- 
dates for each office to be filled at the election, as provided by 
the general election laws, and on each of said tally sheets the 
proper printed notes, directing the manner of using and return- 
ing the same. [Id., § 2.] 

Sec. 117. The secretary of state shall transmit by mail to 
the governor of the home, at least ten days prior to the general 
election aforesaid, the poll books and tally sheets and cards of 
instruction herein provided for, and copies of this act, to be 
distributed among the inmates, employes and officers of said 
home. Such transmittal shall be under seal, secure from ob- 
servation. [Id., § 3.] 

Election officers, etc. Sec. 118. The governor of the 
home shall divide the wards into such number of voting pre- 
cincts as he deems necessary and convenient, and number the 
same, and shall also designate sufficient convenient and suitable 
places for holding elections, and he shall also appoint three 
judges and two clerks for each voting precinct. If at the 
appointed hour for opening the polls such judges or clerks are 
not present, the electors present shall elect by viva voce suffi- 
cient judges and clerks to fill such board, who shall before re- 
ceiving any ballots take and subscribe the oath provided by 
law to be taken by such persons, which oath may be adminis- 
tered by any commissioned officer, who shall attach his certifi- 
cate thereto. The judges and clerks shall receive the same com- 



64 GENERAL ELECTION LAWS. 

pensation.as other judges of elections, which shall be paid by 
the state. [Id., § 4.] 

Conduct of election. Sec. 119. The provisions of the 
general election laws relative to the opening and closing of the 
polls, the manner of keeping the ballot-box, casting the vote, and 
testing the qualifications of electors, the authentication of the 
poll books, and all other provisions of the general election laws 
of the state which are in their nature applicable, shall be ap- 
plied to elections held under this act. [Id., § 5.] 

Sec. 120. The judges of election, after they shall have taken 
the oath required, shall receive the ballots from the governor 
of the home to be used in such elections, and shall deliver one to 
each elector, on demand, who shall in full view deliver to one of 
the judges of election a single ballot, on which shall be written 
or printed, or partly written and partly printed, first, the county, 
township or ward and representative district of which he is a 
resident. The ballot shall be marked in the manner provided 
by the general election law, designating the persons intended to 
be voted for. If the judges are satisfied that the person offering 
to vote is a qualified elector, as represented by his ballot, the 
clerks shall set down in the proper column the number of vote, 
the name of the voter, the county, township, city and ward and 
the number of representative district of which he claims to be 
an elector, and the judges shall deposit it in the ballot-box. 
[Id., §6.] 

Residents of first and second class cities must regis- 
ter. Sec. 121. Every resident of any city of the first or 
second class in Kansas who shall be an inmate, employe or officer 
of said home, desiring to avail themselves of the provisions of 
this act, shall, at least ten days prior to any general election, 
register in the proper ward in such city, and the judges of such 
election shall not deliver a ballot to any person who shall not 
produce a certificate of such registration from the city clerk of 
the city of which such elector claims to be a resident, showing: 
that he has so registered. [Id., § 7.] 

Sec. 122. Upon written application made by any inmate, 



VOTES "I SOLDIERS. 



65 



empL f&cer of Baid home to the clerk of any city of the 

first or Becond class designating the residence of such applicant 
by street, nlunber, and ward, ten days prior to any general 
election, it shall be the duty of such clerk to bo register such 
person without compensation, and shall immediately thereafter 
mail to such applicant a certificate of such registration, attested 
by the seal of said city. [Id., ^ 8. | 

Returns. Sec. L23. It shall be the duty of the judges to 
attach together, wrap up and seal securely a certified copy of 
the poll books and tally sheets, and indorse thereon: "A certi- 
fied copy of an election of citizens of Kansas, inmates, employes 
and officers at the Western Branch, Xational Soldiers' Home, 

Leavenworth, Kansas, held on the — day of , 19 — ," and 

to direct and forthwith transmit the same by mail to the secre- 
tary of state, at the state capital. The original poll book and 
tally sheet shall be similarly attached together, wrapped up, and 
indorsed, and, with the ballots, shall be retained by one of the 
judges, to be forwarded to the secretary of state, in event of the 
loss of the copy first transmitted. [Id., § 9.] 

Sec. 124:. It shall be the duty of the secretary of state, on 
receipt of any returns of an election held pursuant to this article, 
to open the same and record all votes cast for state officers, mem- 
bers of congress and electors of president and vice-president of 
the United States to the respective candidates for whom they 
were given, and to file the records away in his office; and it 
shall be his duty, on or before the second Monday after such 
election, to transmit to the county clerk of each county a certified 
abstract of all the votes polled for county and township officers 
by citizens of such county at such home, together with the town- 
ship or ward or representative district of which they are resi- 
dents, as appears by such returns. [Id., § 10.] 

Canvass. Sec. 125. The board of county commissioners 
shall meet at the office of the county clerk at ten o'clock a. m. 
on the second Friday next after such election, and shall then 
proceed to open and count the returns of votes given for county 
officers, including the vote certified by the secretary of state to 
-5 



66 GENEKAE ELECTION EAWS. 

have been polled for such county and township officers by absent 
electors in said home, and shall be governed in such canvass by 
the provisions of the general election law. [Id., § 11.] 

Must be qualified electors. Sec. 126. No one shall be 
permitted to vote under the provision of this article who was not 
at the time he became an inmate, employe or officer in such home 
a qualified elector under the laws of Kansas in the township or 
ward where he claims to have his vote counted. [Id., § 12.] 

Duty of county clerk. Sec. 127. It shall be the duty of 
the clerk of the county, any of whose qualified electors are in- 
mates of said home, to transmit, under seal, by mail or express, to 
the governor of said home, a sufficient number of ballots, allow- 
ing at least three ballots for each qualified elector of such county 
who may be an inmate, employe or officer of said home, and it 
shall be the duty of said governor to deliver said ballots to the 
judges of said election, as hereinafter provided. [Id., § 13.] 

State to furnish booths, etc. Sec. 128. The booths, bal- 
lot-boxes and other things necessary for the holding of elections 
under this act shall be furnished by and be the property of the 
state, and when not in use the ballot-boxes and booths shall be 
preserved and cared for by the quartermaster of said soldiers' 
home. [Id., § 14.] 

Sec. 129. All members of the western branch of the Na- 
tional Military Home for Disabled Volunteer Soldiers, located 
in Leavenworth county, who are citizens of the United States, 
and have remained as members of said home for six months 
next preceding any election, and who are qualified as to age, 
shall be allowed and entitled to vote in the county and town- 
ship where said home is located, at all elections and primaries 
other than township and school-district elections, the same as 
legal residents and citizens of said county and township. 
[Laws 1901, ch. 178, § 1.] 



CHAPTER VI. 

VOTES OF RAILROAD EMPLOYES 
ABSENT FROM HOME. 



Vote anywhere in state. Sec. L30. It shall be lawful 
for any employe of any railroad company, being a qualified 
elector of the state of Kansas, who may, on the occurrence of 
any annual or biennial election, be unavoidably absent from 
his township or ward because his duties or occupation or busi- 
ness require him to be elsewhere within the state, to vote for 
county, district or state officers, members of the legislature, 
members of congress and electors of president and vice-president 
of the United States in any voting precinct where he may pre- 
sent himself for that purpose on the day of such election, under 
regulations hereinafter prescribed. [Session Laws 1901, ch. 
180, §1.] 

Vote how. Sec. 131. The voter so entitled to vote shall 

present himself at the polls in any precinct in the state where 

he may be on such election day, and during voting hours, and 

make and subscribe, before one of the judges of election, an 

affidavit in substance as follows : 

State of Kansas, County, ss. 

I. . do solemnly swear that I have resided in the state of Kan- 
sas more than six months, and in the township of (or in the 



ward of the city of ), in the county of , in said state, more 

than thirty days, next preceding this date, and am in all respects a duly 

qualified elector of said ; that I am a , and that because of 

my duties (or occupation or business) as such I am required to be 

absent from my township (or ward) on this day, and have had and will 
have no opportunity to vote there; and that I have not voted elsewhere 
at this election. 

Any judge of election in any precinct in the state is hereby 
authorized to administer the oath and take and certify such affi- 

(67) 



68 GEXEKAL ELECTION LAWS. 

davit. Thereupon the affiant shall be given a blank official 
ballot, as in case of a resident voter, and shall mark the same 
as any resident voter may. and shall fold the same and hand it 
to the judges, as in case of a resident voter; but such ballot 
shall not be deposited in the ballot-box nor be entered on the 
poll books. It shall, together with said affidavit, be securely 
sealed in an envelope, upon the back of which one of the judges 

shall write : " The ballot of — = , an absent voter of 

township (or ward, or precinct of the ward, of the city 

of ), in the county of ," which shall be signed 

by one of said judges. [Id., § 2.] 

Returns. Sec. 132. All such envelopes shall, by the judges 
of election, be filed with the county clerks of the county where 
such votes were cast not later than the next succeeding day, 
and said county clerks shall immediately mail them, postage 
prepaid, to the county clerks of the respective counties where 
such votes belong. [Id., § 3.] 

Canvass, etc. Sec. 133. The county clerk of the county 
in which said absent voter resides shall receive said ballot, and 
shall safely keep and preserve the same unopened in his office 
until the board of county commissioners canvass the vote accord- 
ing to law, at which time the said board of county commission- 
ers, in the presence of said county clerk and no other person, 
shall open said envelope and record the said ballot upon the 
poll sheet of the proper precinct or ward in their possession, 
in the same manner as clerks of election record votes; and in 
so canvassing said vote the board of county commissioners shall 
count the votes of all absent voters taken as herein provided, 
and add the same to the total of the poll sheet, in arriving at 
the total result of the election in the precinct or ward where 
said voter lives. [Id., § 4.] 

Sec. 134. Said ballot, when so opened by the county com- 
missioners, shall be sealed in an envelope with the indorsement 

thereon: "Vote of absent voter of ward, city (or 

precinct)," and the same shall be kept in the county clerk's 
office as other ballots are kept until destroyed according to law ; 



\ I I - OF RAILROAD i:\i PLOYES. 69 

au-.l in case of a contested election the same may be opened and 
counted a> in other cases. The board of county commissioners 
and the county clerk of each county wherein any vote of any 
absent voter is received as herein provided shall keep the fad 
of such vote and the persons for whom the same is recorded 
and contents thereof secret and shall not reveal or divulge the 
sam< . | Id., ^ 5. | 

Penalties. Sec. 135. If any person shall willfully swear 
falsely to the affidavit herein provided for, he shall upon con- 
viction thereof be deemed guilty of perjury, and be punished 
as in such cases provided by law. If the officers of the election 
permit any person to vote as herein provided without his taking 
said affidavit, or shall neglect or refuse to perform any of the 
duties prescribed by this act, they shall upon conviction thereof 
he deemed guilty of a misdemeanor, and shall be fined not 
exceeding one hundred dollars. If any county clerk or any 
member of the board of county commissioners shall neglect 
or refuse to perform any of the duties prescribed by this act, 
or shall reveal or divulge any of the details of any ballot herein 
provided, he shall upon conviction thereof be adjudged guilty 
of a misdemeanor, and be punished by a fine not exceeding 
one hundred dollars. [Id., § 6.] 

Blank affidavits to be furnished. Sec. 136. Every 
county clerk, along with the official ballots for each and every 
precinct, shall supply the judges of election with a sufficient 
supply of printed blank affidavits of the character prescribed 
by this act. [Id., §7.] 



CHAPTER VII. 



PUBLIC CIVIL EMPLOYES. 



Sec. 137. For the purpose of voting, no person who is in 
the employment of this state or any municipal subdivision 
thereof in any civil capacity shall be deemed to have gained or 
lost a residence by reason of such employment, but all such 
officers or employes shall be considered as residents of the 
place from whence they were elected or appointed.^ [Laws 1903, 
ch. 232, § 1.] 



( 70 



CHAPTBB VIII. 



PURE ELECTIONS LAW 



Promises and payment of money prohibited. Sec. 
L38. Any person who shall lend or give any money or other 
valuable thing to any other person to induce him to cast his vote 
either for or against any candidate for public office; or any 
person who shall lend or give any money or other valuable thing 
to any other person to induce him to refrain from voting' or to 
remain away from the polls; or any person who shall lend or 
furnish any money or security therefor to any other person or 
persons to be used for any of said purposes ; or any person who 
shall knowingly refund or make good to any person or persons 
any money expended for any of said purposes; or any person 
who shall directly or indirectly give or procure to be given or 
promise to give any money, gift or reward, or any office, place 
or employment upon any engagement, contract, agreement, or 
understanding that the person to whom or for whose benefit 
such gift or promise shall be made, shall, by himself or any 
other person, procure, or endeavor to procure or work for, the 
election of any person to any public office at any election, shall 
be punished by a fine of not less than one hundred dollars or 
more than one thousand dollars, or by imprisonment in the peni- 
tentiary for not more than two years, or both. [Gen. Stat. 1901, 
§ 2728'.] 

Payment for working at the polls unlawful. Sec. 139. 
It shall be unlawful to hire, or to lend or pay or promise to pay 
any money, or to give or promise to give anything of value to 
any person to work at the polls on any election day in the in- 
terest of any party or any ticket, or any candidate or candi- 
dates. It shall be unlawful to lend or pay or promise to pav 

(71) 



72 GENERAL ELECTION LAWS. 

any money, or to give or promise to give anything of value to 
any person for work or services on election day, in endeavoring 
to influence or procure any other person or persons to come to 
or remain away from the polls. It shall be unlawful to lend or 
pay or promise to pay any money, or to give or promise to give 
anything of value to any person for work or services on election 
day in endeavoring* to influence or procure any other person or 
persons to vote or refrain from voting for any candidate or 
candidates. [Id., §2729.] 

Giving away of liquor and cigars on election day. 
Sec. 140. It shall be unlawful for any candidate for public 
office to distribute or give away any intoxicating liquors or 
cigars on election day; or at any time to authorize or employ 
any person to distribute or give away any intoxicating liquor 
or cigars for him or in his interest or behalf on election day ; 
or to procure or pay for. directly or through any other person, 
any intoxicating liquors or cigars to be so distributed or given 
away, or which shall have been so distributed or given away on 
election day. [Id., § 2730.] 

Giving of liquor and cigars for influence. Sec. 141, 

It shall be unlawful for any candidate at any time to give away 
any intoxicating liquors with intent to influence the vote of any 
person or persons ; or to employ or authorize any other person 
to give awav any such liquors with such intent ; or to purchase, 
procure or pay for, .directly or through another person, any 
such liquors to be given away with such intent; or to pay for, 
either before or after election, any such liquors which shall 
have been given away with such intent. [Id., § 2731.] 

Restrictions in regard to vote on a proposition. 

Sec. 112. All acts forbidden to be clone by any such person in 
the interest or on behalf of any candidate for office shall be 
equally unlawful if done to influence the vote of any person or 
persons for or against any proposition to amend the constitution, 
or any proposition to vote bonds for any public purpose or in 
aid of any enterprise, or any proposition for subscription to the 
stock of any corporation ; and any person so offending shall be 



im i;i i i i « riONS LAW. 



V.") 



punished by a fine not exceeding five hundred dollars, or by 
imprisonmenl not exceeding two vears, or by both. | Id., ^ 2732. j 

Committees also restricted. Sec. l 15. All acta forbid- 
den to be done by any candidate shall be equally unlawful if 
done by any member i r officer of any state district, county, 
city, ward, or township committee, or of any club, organization, 
or association, designed to promote, or engaged in promoting the 
success or defeat < I any party, or the election or defeat of am 
candidate to a political office: and any member of such com- 
mittee, club, or other organization, who shall pay or personally 
authorize the payment of any money to any person for any 
purposes forbidden in this act, shall be punished by a fine not 
exceeding live hundred dollars, or by imprisonment not exceed- 
ing one year. [Id., §2733.] 

Voluntary work not prohibited. Sec. 144. This act 

shall not be deemed to prohibit voluntary work for or on behalf 
of any candidate for public office, nor shall it prevent the 
3sary expenditure of money for public meetings, printing, 
postage, telegraphing, office rooms for actual bona fide use by 
political committees, with fuel and light therefor, music, sta- 
tionery, livery, clerical assistance in committee work, flag, 
transparencies, compensation and expenses of public speakers, 
but all expenses for any such purposes, either by committees 
or by candidates, shall be set forth in the respective statements 
herein provided for. [Id., § 2741.] 



CHAPTER IX. 



POLL-BOOKS, ETC., TO BE PREPARED. 



Attorney-general to prepare poll-books, etc. Sec. 
145. It shall be the duty of the atorney-generai to prepare all 
necessary forms and instructions, including forms for talh- 
sheets. poll-books, returns, and certificates of nomination, to 
carry the provisions of this act into effect, and the secretary 
of state shall immediately have ten thousand copies of chapter 
of the Session Laws of 1897, as amended by this act, 
printed in pamphlet form, tog ether with the forms and instruc- 
tions prepared by the attorney-general, and distribute the same 
among the county clerks of the several comities of the state.* 
[Session Laws 1901, ch. 177. §13.] 

Executive council to prescribe rules for use of vot- 
ing machines. Sec. 146. It shall be the duty of the execu- 
tive council of the state, within ninety days preceding the next 
general election, and from time to time thereafter, as they may 
deem advisable, to make, prescribe and publish rules and regula- 
tions under the existing election laws of this state, for the use of 
such automatic ballot or voting machines at elections : such rules 
and regulations so prescribed shall be submitted to and approved 
by the attorney-general of the state before they are published 
and become eifective. Session Laws 1901. ch. 1S4. £ 3. 

Sec. 146. All election officers are hereby charged with the 

proper carrying out of the necessarv regulations prescribed for 

the use of any automatic ballot or voting machines provided 

for in their respective cities, townships, wards, or precincts. 

[Id- I±-1 

* Poll-books, tally-sheets, and all election supplies required by this 
tion. as prepared by' the attorney-general, are kept in stock by Ci 
Com pan v. Topeka. 




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